Trademark Attorney

What is the difference between a trademark attorney and a solicitor? From time to time, there can be confusion around what a trademark attorney does and why a trademark attorney is different to a solicitor. The word attorney is not used as much in Australia as it is in other countries.  In [...]

By | October 9th, 2017|Intellectual Property, Trade Mark|

Intellectual Property Protection

A new venture can be very exciting – whether it be a new project in your enterprise, or a clean slate startup company. This is a heady time of fleshing out business plans; developing financial projections; pipelining product design and development; sourcing manufacturing and distribution logistics; and so on. Let’s not forget about intellectual property [...]

By | June 28th, 2017|Copyright, Intellectual Property, Patent, Trade Mark|

Getting the Most Out of Trade Marks and Brand Creation

Prior to the 1990’s most products or services were not branded. Products and services were sold under the shopkeeper or service provider’s name. With the industrial revolution we saw an increase in consumer products and as competition grew, products were imitated. This was the driving force for the growth of brands. Brands were adopted to [...]

By | March 26th, 2014|Trade Mark|

Trade Mark Funtion – the changing landscape

Traditionally, a trade mark has been defined as a badge of origin. However, the question is whether this is limited to origin of manufacture. An early definition contained in Kerly on Trade Marks, 1894 (as cited in UK and Australian court decisions) is as follows: “A trade mark is a symbol which is [...]

By | January 2nd, 2014|Trade Mark|

Trade Mark Office decision – HOWARDS’ HUBBY HIRE & Design trade mark v. HIRE A HUBBY trade mark

Chrysiliou IP represents clients of all sizes, from international companies that own world-famous brands to small Australian businesses. In a recent case before the Australian Trade Marks Office, Highdawn Pty Ltd v. John Howard [2013] ATMO 48 (13 June 2013), Chrysiliou IP assisted the applicant, John Howard, in opposition proceedings commenced by Highdawn Pty Ltd [...]

By | November 29th, 2013|Trade Mark|

Trade Marks: Vital Differences Between USA and Australia – Part One

Trademarks: Vital Differences Between Usa and Australia - Part One Trade Mark Assignment In the United States, a trade mark cannot be assigned without the “goodwill” associated with the trade mark. The Lanham Act describes the “goodwill” as “the good will of the business in which the mark is used, or with that [...]

By | November 18th, 2013|Trade Mark|

Your Brands – Love Them or Lose Them

Your Brands - Love Them Or Lose Them The Value of Your Brands Consider for a moment the value of your brands. At first sight, brands may appear to be simply an identifier of the various products or services in your range. However, brands are much more than that. They signify the [...]

By | November 16th, 2013|Trade Mark|

Trade Marks in Breach of Consumer Laws – Is it about the Brand or the Product?

Trade Marks in Breach of Consumer Laws – Is it about the Brand or the Product? There are organisations and consumer groups focusing on production method issues and these may very well have an impact on trade marks. The function of trade marks has evolved from an indication of product source to other [...]

By | November 14th, 2013|Trade Mark|

Parallel Imports: Importing overseas products may be more costly than you think.

Importing overseas products may be more costly than you think. A warning to retailers and importers. As the cost of everything increases, retailers, importers and distributors are more and more tempted to purchase products from overseas for a cheaper rate and sell the items in Australia. Paul’s Warehouse had this idea however a full Federal [...]

By | June 24th, 2013|Trade Mark|

Filing Trade Mark Evidence of Use – Get it Right!

Get it Right – Filing Evidence of Use | Sarah Dixon In a recent decision by IP Australia, our Firm was successful in opposing an application for the following mark: The Hearing Officer found that there was little doubt that Galvin Engineering Pty Ltd’s  trade mark was deceptively similar to General Electric Company’s GE [...]

By | June 13th, 2013|Trade Mark|