On 28 February 2018, the European Commission released its draft withdrawal agreement setting out a proposal on the arrangements for the withdrawal of the UK from the EU (Withdrawal Agreement). The full text of the Withdrawal Agreement can
trademark protection
Shocking your clients just became passé: US Court takes away the edge from scandalous brands
Thanks to two recent rulings of the US Supreme Court and the Court of Appeals of the Federal Circuit Court, trade marks containing “disparaging”, “immoral” and “scandalous” matter are no longer barred from obtaining registration in the United States of…
Back to Basics – Australian Trade Mark Law 101
2018 marks the publication of the first Trademarks Law Review from the Law Review series.
Trade mark update: 11th Edition of the Nice Classification came into force on 1 January 2018
As many of you will know, the Nice Classification is the international system used to classify goods and services for trade mark purposes. The World Intellectual Property Office regularly updates and amends the Nice Classification in order to ensure that …
‘Apples, Beatles and four decades of litigation’ – Cautionary tales for start-ups settling on a new brand name
Apple: the world’s most successful company, with an estimated worth of three-quarters of a trillion dollars. It’s no wonder that would-be tech entrepreneurs around the world are sitting around in black turtlenecks, jeans and New Balance sneakers, poring over Steve…
Accept no substitutes – Assignment will not cure defective trade mark filing
The Full Court of the Federal Court has issued a significant decision in relation to trade mark ownership, which reconfirms the position in relation to the assignment of trade mark applications which have been filed in incorrect applicant names. The…
Can You Trademark a Hashtag?
#Yes! In the United States, a hashtag can be trademarked if it serves a source-identifying function for the trademark owner’s goods or services.
Hashtags, which started on Twitter as a way for users to follow conversations on particular topics, are…