Why Having a Registered Trade Mark Isn’t Always Enough?
What would happen when a well-established Australian energy company, which has spent years building a brand around a specific name, finds itself in a legal battle with a newcomer…
Intent to Use: A Critical Threshold in Trade Mark Law
When a business seeks to protect its brand in Australia, the law assumes a basic starting point, i.e. the applicant must actually intend to use that mark. It sounds simple, but a…
Digital Brand Identity and Physical Presence of Trade mark
What happens when a digital giant with a household name faces off against a newcomer using a nearly identical-sounding brand on physical store shelves? The Federal Court of…
Naming Conventions and Deceptive Similarity of Trade mark
The Federal Court of Australia’s decision in CCMSM Commercial Pty Ltd as Trustee for the CCMSM Commercial Trust v Registrar of Trade Marks [2025] FCA 1615 is a significant ruling…
Ownership, Prior Use, and the Purity of the Register
Many business owners operate under the assumption that securing a registration certificate from IP Australia provides absolute protection and indisputable title to a brand name.…
Navigating Māori Trade Marks in New Zealand
When seeking to register a trade mark in New Zealand, applicants must be aware of specific legislative provisions designed to protect the cultural integrity of Māori, the…
Brand Ownership and Reputation: The Federal Court’s Decision
What happens when a new brand is created within a complex family of companies, especially when that brand uses a word associated with a global giant? And precisely how far does…
Trade Mark, Celebrity Branding, and the Battle of Similar Names
Names can be among the most personal and powerful assets a business possesses. In worlds where branding often begins with identity itself, a name does not merely label a product,…
