Choosing Registrable Trademarks
Some signs are easier than others to register in relation to particular goods or services. The legal test in Australia is whether the trademarks are “adapted to distinguish” particular goods or services. In the US, trademarks are put into categories based that can be arranged along a scale often referred to as the “Spectrum of Distinctiveness”. The place of a trademark on that scale will determine whether a trademark can be registered, and if so, how easily. Although (strictly speaking) this concept doesn’t form part of Australian law, it does help to understand how a trademark examiner will approach a particular application.
European Union Members: Community Trademarks
Many countries are members of the European Union, or are signatories to the Madrid Agreement or the Madrid Protocol. This post provides a table which shows the status of each of the countries of the European Union as at 2 May 2010.
The Madrid System: Key Absentees
The Madrid Protocol and Madrid Agreement together cover 84 of the 192 countries that are currently members of the United Nations. Understanding which countries are outside of the Madrid System is an important step to determining your international trademark strategy.
Some Disadvantages of the Madrid System
The Madrid System offers many benefits to those seeking international trademark protection. Nevertheless, there are some traps for the unwary, and it is imperative that these are thoroughly assessed and understood before a Madrid Protocol application is filed.
The Madrid Protocol vs The Madrid Agreement
The Madrid Protocol has fast overtaken the Madrid Agreement in importance for a number of reasons. Since 2008, the differences between the two have become less important, trademark applicants in countries that are party to both the Protocol and the Agreement need to be aware of them.
The Madrid System for International Trademarks
The Madrid System for the International Registration of Marks is an essential consideration for anyone who is seeking trademark registration in more than one country. In this post, we examine how it works, and look at a number of the advantages it brings.
Madrid System Members
An important part of your international trademark registration strategy is knowing the countries in which you are likely to need protection. Next, you should see whether those countries are members of the Madrid Protocol or the Madrid Agreement, because these systems provide streamlined (and often more cost effective) methods of obtaining registered rights in other countries.
Do I need to Register a Business Name?
Generally speaking, it’s necessary to register a business name if it differs from your legal name in any way. This post explains the general rule using examples, and looks at some issues as they relate to different types of owners (sole traders, companies and partnerships).
The Benefit of a Custom Trademark Description
IP Australia’s official “Goods and Services Pick-List” lets trademark applicants quickly complete the descriptions of their trade marks by selecting items from a list. However, it’s important not to under-estimate the value of custom descriptions by appropriately qualified trademark professionals.
Using IP Australia’s Pick List
IP Australia’s official “Goods and Services Pick List” can be a useful tool to avoid one of the main pitfalls for the novice: classification errors. In this post, we look at the problem and how the pick-list attempts to overcome it.