trademark

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  1. M

    QLD Trademark help

    Hi I registered my trademark for a brand it’s a pretty unique work I made up And have found someone has copied it - on there website they are trying to say they started a year earlier than me- not true I did a research and they definitely started after me I own the trademark What do I do...
  2. M

    QLD Safety breach - Employment Law

    Hi, Could you please advise on the following case. An employee was involved in a serious breach. Another 3 employees witnessed and decided to cover up the breach. About 18 months later, a couple of the employees talk about this case at a party, another employee overhears the conversation and...
  3. S

    NSW Trademark application amendment & adverse report

    Hi Is it possible to amend the trademark name in the standard application once the adverse report has been issued based on trademark name being substantially identical with other trademark name? If not, can we file a new application with an additional word along with the previous name that...
  4. D

    NSW Protecting a Trademark - Apply to Court for an Injunction?

    My son-in-law registered his trademark and trading name in 2015 at a cost of $12K. A business in a nearby regional town has opened with a name very similar to his business name and easily confusable - selling identical products. He sent the equivalent of a cease and desist letter from his...
  5. E

    VIC Business Name Trademark Infringing on Another IP?

    Hopefully, this is a simple question... I really don’t know. My brother has registered a business name, let’s say it’s “Blue Elephant TV*” and wants to Trademark it. There is an existing registered TM under “B Blue Elephant Live*” in the same class. Would using “Blue Elephant TV” be...
  6. R

    NSW Trademark in username part of email address

    Context: I own my own personal domain name, and have done so for many years. Because I own my own domain, I have literally infinite possible email addresses. I use this by giving a different email alias to every organisation I ever deal with... usually of the form similar to...
  7. J

    VIC Trademark Based on a Copyrighted Work - Opinions?

    Could I get an opinion and comments from a lawyer with qualifications in intellectual property law, please? Some time ago, I registered a trademark in Australia. It is a “fancy” kind of trademark. (One famous example of a “fancy” kind of trademark is the Instagram logo.) The design of the...
  8. A

    NSW Is This a Trademark Infringement?

    I own a fancy trademark which comprises two words as the main mark plus additional descriptive text. There are 3 application for a trademark in the same category and 2 other categories containing the exact 2 main words featured in my trademark. I assume I'm correct in saying this is an...
  9. E

    Negotiating trademark letter of consent and protection overseas

    I own a trade mark, it was registered in Australia in 2006, but not overseas. My trademark has been actively used, in Australia and overseas, from 2006 to current day. I received notification from IP Australia that a new Australian company was attempting to remove my trademark for non use. This...
  10. M

    VIC Registering a Trademark - How Different Should it Be?

    I want to register a trademark that is a phrase. I've done a search and someone has registered the same phrase but with two extra letters. These are not the exact words used, but are a similar example: I want: Swimming Teacher This trademark is already registered: St Swimming Teacher...