Do you need to register a trademark? Enforce copyright? Licence
someone to use your product? We can help you and your business protect
its intellectual property.
Contact us, or browse some frequently asked questions below.
Intellectual Property Frequently Asked Questions
Question: "Can I patent this idea?"
Answer: There are a number of hurdles before an idea can be patented. The key issues include:
- Does the idea constitute "a manner of manufacture" for the purposes of the Patents Act 1990?
- Is it novel?
- Does it involve an "inventive step"?
- Is it useful?
- Has it been used (whether or not in secret) prior to an
application for registration (other than for reasonable trial and
experiment or was disclosed subject expressly to confidentiality)?
Question: "Do trade marks have to be registered?"
Answer: It is possible to have a trade mark that the law will
protect without registration under the Trade Marks Act 1995 (C'th). In
general, this can only be done if the owner can show that there is
already established goodwill associated with the trade mark. The process
of establishing a breach can be more difficult.
Question: "I have already got a registered business name so why would I consider registering a trade mark?"
Answer: Only words can be registered as business names, not
logos, shapes or, as can be done under the Trade Marks Act 1995 (C'th),
smells. In addition, the system of business names was established to
enable consumers and other people dealing with a business to be able to
find out with whom they are dealing. It does not provide a mechanism for
going to Court to sue someone. The Business Names Act 1962 (Vic)
applies to a "business name", which is in the nature of a mark for the
owner rather than a trade mark that applies to the product. Finally,
business names have to be registered in each State or Territory, unlike
trade marks that are registered by a Commonwealth body (IP Australia).
Monday, 13 May 2013
Having a confidentiality agreement in place does not automatically mean you can breathe a sigh of relief when it comes to your trade secrets. It’s what’s in the agreement that counts.
Wednesday, 24 April 2013
Having your trade mark registered with IP Australia is all very well. But if you don’t use your trade mark the way you said you would when you registered it, you risk losing it.
Tuesday, 5 June 2012
If you use a name for your business which is different from your company name, it must be registered.