trademark

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A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as "associated trademarks", a consent to use system, a defensive mark system, and non claiming right system.
The symbols ™ (the trademark symbol) and ® (the registered trademark symbol) can be used to indicate trademarks; the latter is only for use by the owner of a trademark that has been registered.

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  1. AmadouD

    NSW E-commerce Trademarking Question

    Hi There! I am planning to trademark a name of a new e-commerce focused business selling a private label brand of men’s grooming products. The incorporated business is based in Australia with the country being my initial and primary market focus for the business. Our first product will be a...
  2. jacobproctor123

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    I am a reseller which means I buy limited release shoes from Nike and sell them for more money. I am looking at turning this into a business but was just wondering if there's anything legally stopping me doing it, there are massive Australian stores doing it like Waves Never Die | THE...
  3. 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...
  4. 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...
  5. 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...
  6. 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...
  7. 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...
  8. 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...
  9. 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...
  10. 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...