Trade Marks are a deceptively complex area of the law. The way trade marks are registered, used and enforced can lead to expensive clashes over intellectual property rights. In this article, we’ll highlight some famous Australian trade mark infringement cases from recent years, as well ..read more

It is often necessary for intellectual property (IP) rights holders to enter into legally binding agreements with others.  For example, when licensing or assigning their IP, rights holders will need to do so with an appropriate legal document.    Section 127 of the Corporations Act ..read more

What is the Difference Between a Trade Mark and a Registered Trade Mark®? Tahlia Dimech Table of Contents Your brand’s unique identifiers are a simple way to connect with customers and grow your business. If those unique identifiers are copied, it can dilute your brand and damage consumer confidence. This can be prevented by registering a trade mark with IP Australia. Registered trade marks protect the unique signs that are associated with your brands, products and services. Trade marks are often accompanied by a or ® symbol. In this article, we’ll discuss the difference between an unr ..read more

How Do I Know if My Invention Qualifies for Patent Protection? Tahlia Dimech The patent system allows innovators to claim exclusive rights to their inventions. That’s important, because it means inventors can recoup their expenses in research and development, and it encourages the market to consistently invest in new technologies. However, not all inventions are patentable. To qualify for patent protection, your invention must meet four key criteria laid out in the Patents Act 1990. Satisfying these criteria can be complex. Applications are assessed on a case-by-case basis, and determinin ..read more

Is Intellectual Property Law Ready for Artificial Intelligence? Tahlia Dimech Artificial Intelligence (AI) is changing the way we think of intellectual property (IP) law. Is Australia’s legislation equipped to handle widespread AI innovations and inventions?  Australia enjoys some of the world’s most robust intellectual property law. Local regulations allow creators, inventors and innovators to turn their ideas into valuable commercial solutions. These hold immense value, so it’s important for legislators to prevent AI from disrupting the protection that has already been afforded to ..read more

Can You Patent an Idea Without a Prototype? Tahlia Dimech There are lots of ways to approach developing a new invention. One of the most common methods, especially in relation to mechanical inventions, is to create a prototype. Prototyping an invention is a great way to refine the concept and work through any roadblocks. Prototyping can be an extended process, and the resulting end product may be quite different from the first iteration, which presents a challenge in protecting your ideas. Since it’s important to protect new inventions as soon as possible, clients often ask if you can pat ..read more

Single Letter Trade Marks – No Ragrets Tahlia Dimech It is typically very difficult, near impossible, to obtain registration for single letter trade marks unless they are heavily stylised.  For example, some notable single letter trade marks that are heavily stylised and have proceeded to registration in Australia include: Australian Postal Corporation 480136 Toyota Jidosha Kabushiki Kaisha 509295 McD Asia Pacific LLC 326539 Often, it is a condition of registration that the trade mark includes an endorsement to the effect that the registration of the trade mark ..read more

Section 41 Distinctiveness Objections in Trade Marks – Unusual, Archaic and Clunky Phrases Tahlia Dimech An objection raised by IP Australia under section 41 of the Trade Marks Act 1995 refers to an issue with the applied trade mark being capable of distinguishing the goods and services from the goods and services of others.  An example of when a section 41 objection may be raised is if an applicant sought protection for the hypothetical trade mark Apple in relation to apples.  Because trade marks are negative rights, if such a trade mark were registered, the owner would be able ..read more

Kraft Foods Schweiz Holding GmbH v Mars, Incorporated [2023] APO 41 – Crumb Chocolate Flavour Compositions Tahlia Dimech Background On 1 December 2016, Mars filed Australian patent application no. 2016365338 (the Application) for a composition which modifies a final food aroma to mimic the aroma of chocolate crumb powder.  Claim 1 of the Application is directed to a chocolate composition that has two parts, namely; (a) dry milk chocolate, which is milk chocolate made with milk powder and without chocolate crumb powder or without the crumb process; and  (b) an extraneous flavour ..read more

How to Copyright Artwork in Australia TylaKanasa Artists in Australia enjoy one of the world’s most robust copyright systems. If you create original artwork, you typically have the exclusive right to use, publish, reproduce and distribute your works. While Australia’s copyright legislation provides excellent protection, navigating the system and managing your claims can be challenging. Depending on your needs, you may also need other forms of intellectual property to keep your artworks and ideas secure. In this article we will discuss how to copyright artwork in Australia, and whether you ..read more