Title Trade Marks

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Title Trade Marks

Title Trade Marks is an Australian law practice that specialises in brand protection.

07/08/2018

Short answer: yes 🍾⠀
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If you are planning on selling your business or a division of it, your trade mark portfolio will usually form a valuable part of the assets being sold. Things for you and the purchaser to be mindful of include:⠀
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➕before the sale ensure all of your registrations and trade mark licences are up to date and able to be transferred;⠀
➕ ensure that your intellectual property is appropriately priced (an experienced IP valuer can assist with this);⠀
➕ ensure you have an appropriate sale agreement in place which covers your intellectual property;⠀
➕ when the sale completes, ensure the Trade Marks Register is updated with the new owner’s information;⠀
➕ the purchaser should ensure that it has the intention to use the trade mark in relation to the same goods and services (and not trade mark squat which could cause the trade mark to be cancelled).⠀
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You should also consider whether granting a licence of your trade mark is a better alternative for your business. Trade mark lawyers can provide you with all the sale or acquisition advice your business will need and guide you through the process.

21/07/2018

As a result of international convention, all trade marks take at a minimum 7.5 months to register. This comprises of (a) three to five months for the government to review and provide you with notice of acceptance; and (b) two month third party opposition period. ⠀
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Although rest assured, in Australia, your protection starts at the date you file your trade mark with the Trade Marks Office.

06/06/2018

There are four key types of intellectual property. These are:

➕ trade marks
➕copyright
➕ designs
➕ patents

See our article at www.titletm.com/news for information about . Copyright is protection for certain types of original works (eg literary works, music, photographs, artistic works, software or motion pictures). Designs are the visual appearance of products that are not purely utilitarian (shape, pattern, ornamentation or configuration) and patents are granted for devices, methods, substances or processes that are new, useful and innovative.

Unsure what forms of apply to your business? A brand audit will help to point you in the right direction.

26/04/2018

In Australia, trade mark protection lasts for 10 years from the date you filed your trade mark.
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For World IP Day we have an additional fun fact for you: trade mark protection is one of the few types of registered IP protection that can be renewed indefinitely.

09/04/2018

Simply put, yes. Some of the marks that are not generally capable of registration in Australia are:
➕geographical names (think Melbourne, Australia etc);
➕common surnames (think Smith, Brown, Jones);
➕official emblems, flags and official signs;
➕financial services terms (think bank, credit union etc);
➕ offensive or scandalous terms (think swear words or marks that are contrary to social norms);
➕ descriptive terms (think Apple for apple fruit products);
➕ marks that are substantially identical or deceptively similar to prior registrations (think Apple for computer products).

Does your brand incorporate some prohibited terms (you naughty thing, you)? We can help you with an appropriate brand protection strategy advice.

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Disclaimer: This is a tip, not legal advice which takes into consideration your individual needs. For advice as to whether your brand is capable of trade mark protection contact us directly at [email protected].

28/03/2018

The Gold Coast 2018 Commonwealth Games Corporation (GC CGC) has warned that rough waters are ahead of you seek to use their trade marks without first seeking the appropriate authorisation. The GC CGC owns the words, text, marks, imagery, photography, videos, audio and graphics of the Commonwealth Games. Some exemptions to the prohibition on use of this material exist.
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For advice on whether your proposed use would offend the GC CGC’s rights or help seeking authorisation, contact us using the details in our bio
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26/03/2018

The best time to arrange a trade mark search is:
➕before the launch of a new business (ideally before you have invested in the brand, at the idea inception stage);
➕ before you introduce a new product range or service line to your business;
➕ before you start using a logo, a slogan or unique words in a marketing campaign;
➕if you become aware of someone else using a similar trade mark to you and want to know who used the trade mark first and find out about any other similar uses;
➕ before you apply to register a trade mark to ensure your trade mark application strategy is likely to be successful and you won’t waste money unnecessarily on filing fees for inappropriate trade marks;
➕after establishment of your business and brand, to check your use to date is compliant.

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Disclaimer: This is a tip, not legal advice which takes into consideration your individual needs. For brand protection legal advice contact us directly at [email protected].
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22/03/2018

It’s a double espresso evening for us here on the tools.
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19/03/2018

Today’s dream client award goes to . We are constantly inspired by Nadia’s ability to turn all of her different business ventures into gold while staying on top of mum life and her busy social calendar. What a time management dreamboat 🙌

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16/03/2018

Short answer ‘yes’. Disclaimer - we’re biased, but biased for good reason. Neither licensing a domain name nor registering a business name gives you exclusivity in relation to your trade mark.
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Domain names let you use the domain name with the TLD (translation - the .com, .net, .org.au, etc bit) you have licensed for the period you licensed. They do not permit you to stop anyone else using the same brand name with a different TLD or a deceptively similar domain name.
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Registering your business name on the ABN Register is a legal requirement in Australia. However, the ABN Register does not assess business names to determine if they are in breach of anyone else’s intellectual property rights. This means that you can register your shiny new brand name, but your use of it could still be in breach of someone else’s trade mark rights.
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When you register a trade mark, the Trade Marks Office examines all registered trade marks and will not permit your trade mark to be registered if it is substantially identical or deceptively similar to another trade mark which is registered in relation to similar goods and services.
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Disclaimer: This is a tip, not legal advice which takes into consideration your individual needs. For brand protection legal advice contact us directly at [email protected]
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08/03/2018

Celebrating all things international women’s day today. Female empowerment has come so far in the past few decades. Although with employment and wage parity forecast by the World Economic Forum not for another 217 years, it still has a LONG way to go.

We are ‘gold medalist’s mum level’ proud to say that more than half of our lawyers in Australia and overseas are women.
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Melbourne, VIC

Website

http://www.titletm.com/

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