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Blogs

UK Courts Refuse to Trademark KitKat’s Shape

Category: Trademark Information

Nestle has lost yet another round of its long-running battle to trademark the KitKat design in the UK. While the word ‘KitKat’, its packaging and the slogan ‘Have a Break’ have been registered as trademarks in the UK, the shape of the chocolate itself does not. The confectionery multinational first attempted to trademark...

IKEA’s Trademark Suit Loss Against Aikya Global: What Really Happened?

Category: Trademark Information

Trademarks have always been a cause for concern amongst corporations and start-up companies alike. Recent news swept the trademark industry in India when a district court in New Delhi dismissed a violation case filed by IKEA against Bengalaru-based consulting company Aikya Global. IKEA is a well known multinational company and...

Trump’s Trademark Triumph

Category: Trademark Information

Donald Trump may have won the election but that is not the only thing that he has won lately.  Trump has recently been awarded 38 new trademark registrations in China.  The Chinese trademark system doesn’t require any evidence that the applicant owns that trademark or have used it previously. They employ a “first to file”...

Louboutin Loses Case to Trademark Its Famous Red Soles in Switzerland

Category: Trademark Information

When you hear the name “Louboutin” what do you immediately think of? Most people will say it is their trademark red soles. The only problem is that Christian Louboutin was unable to obtain a registered trademark for these red soles in Switzerland. The Parisian footwear brand has been turned down by the Federal Supreme Court...

Harley-Davidson Sue Urban Outfitters for Trademark Infringement for the Second Time

Category: Trademark Information

Urban Outfitters have found themselves being sued for trademark infringement by Harley-Davidson – again. Harley-Davidson have alleged that the popular clothing brand have violated their trademark rights for the second time. The items in question are the Urban Outfitter’s “FPV HARLEY BODYSUITS”. As a collective,...

Rubik’s Cube Is Stripped of Its Trademark Protections

Category: Trademark Information

We all know the Rubik’s Cube; the multi-coloured, six-sided puzzle that has baffled millions of people around the world since its invention by Erno Rubik in 1974 under the name Magic Cube. Through the years, the appeal of Rubik’s Cube has never wavered. However, its trademark protection may not be as secure as its popularity. In...

Explaining The Trademark Process

Category: Trademark Information

It is no secret that the trademark process can be very time-consuming and confusing. It can be difficult to navigate through the various requirements necessary to accurately complete the application and register your proposed trademark. This is why it’s highly recommended getting help from professionals who know all the in’s...

US Footwear Giant, Deckers, Risks Losing Its Trademark Rights to the Word “Ugg”

Category: Trademark Information

Currently, Deckers – a US footwear giant – owns the trademark rights to the word “Ugg” in the US and approximately 130 other countries worldwide. However, this may be set to change. Australian entrepreneur Brian Smith, registered the term “Ugg” as a brand in the US in 1985, later selling the trademark rights...

The Decade-Long Trademark Battle: OzEmite Versus AussieMite

Category: Trademark Information

Dick Smith stores may have shut down earlier this year, but Mr Smith has received the great news that he has won a decade-long trademark battle against the owner of AussieMite, Roger Ramsey. Mr Ramsey, who owns All Natural Foods, the producer of AussieMite, had tried to eliminate OzEmite off the trademark register. M Smith commented,...

3 Reasons Why You Should Trademark Your Business Name

Category: Trademark Information

One important business decision that every owner should make is to trademark his or her business name. Unfortunately, many skip this step, as they believe it is something that they can do later down the track, but often, that is when it’s too late. If you are deciding whether or not to invest in trademarks for your business,...

How does ‘ENGLISH BREXIT TEA’ sound?

Category: Trademark Information

The UK’s EU referendum seems to have stopped the world. Whilst While people are either protesting or celebrating some are trademarking. An ingenious and quick-witted applicant has decided to register the term “English BrexitTea” at the UK Intellectual Property Office (IPO). The EU (European Union) is a partnership...

“Zero” Exclusive Rights Given to Coca-Cola

Category: Trademark Information

Coke Zero is a popular derivative of the Coca Cola soft drink; the same taste, but with zero sugar. Appropriately named, Coca-Cola Co., the company behind the soft drink, tried to trademark the word “Zero” back in 2003, also covering drinks Sprite Zero and Powerade Zero. This trademark application has resulted in...

The Difference Between Saving and Losing Your Business

Category: Trademark Information

Trademarking can help save your business. It assists in ensuring that you have the legal rights to fight against other people who are trying to capitalise on your hard-won effort, blood, sweat and tears. Case Study 1: Take Nicole Kersh for example. She is the owner of 4Cabling.com.au who has built a strong reputation in the...

TWO WINERIES GO HEAD TO HEAD OVER PEACOCK’S FAN

Category: Trademark Information

Two wineries – Zonte’s Footstep and Dandelion Vineyards – have gone head to head in a legal battle over the trademark name ‘Peacock’s Fan’ to sell wine overseas in the United Kingdom. The man who ties them both together is Zar Brooks. This well-known winemaker and marketing guru is also the former company...

USE IT OR LOSE IT: IKEA LOSES TRADEMARK BATTLE IN INDONESIA

Category: Trademark Information

The recent decision made by Indonesia’s Jakarta District Court for Swedish furniture giant IKEA to face elimination and effectively lose its trademark rights in the name IKEA, has sparked concern for the future of foreign investment in one of Southeast Asia’s largest economies. This dispute between the foreign and local...

2 Ways to Ward Off Bad Faith Trademarking Opponents

Category: Trademark Information

Pop star and global cultural icon Madonna faced trademarking opposition for hergym business Hard Candy Fitness just six days after it was launched. The opposing company was an Australian business operating under a similar name of Hard Candy (Australia) Pty Ltd. The Australian company filed a trademark application for the catchphrase...

2 Undesirable Scenarios All Business Owners Can Avoid Through Trademarking

Category: Trademark Information

Registering your trademark prior to establishing and running your business can make a world of difference. On the other hand, failure to do so could lead to two possible undesirable situations:   SCENARIO #1: The first possible scenario is that you discover later down the track – mid-operations – that you need to change...

ARRGH You Protected From China’s Trademark Pirates?

Category: Trademark Information

Australia and China enjoy strong international trade relations, with China being Australia’s largest export market for both goods and services, accounting for nearly a third of total exports. Although the opening up of China’s economy has created opportunities for Western brands to target new consumer groups, China’s current...

3 Things to Bear in Mind When Preparing Your Australian Trademark Application

Category: Trademark Information

Imagine going through the lengthy trademark application process only to find your application is rejected and the efforts and money you invested have gone to waste. The application process for trademarks in Australia takes a minimum of around 8 months. Furthermore, no refund is provided if IP Australia ultimately rejects your...

Why Trademark Registration Could Save Your Business ?

Category: Trademark Information

As a small business owner starting up, you may question why it is necessary to go through a lengthy application process for the registration of your Trademark – particularly if you’ve already conducted a search and found no matches to your desired brand or it all just seems “too hard”. However, registering your trademark...

3 Important Tips for Protecting Your Brand

Category: Trademark Information

As a business owner, there is nothing more frustrating than discovering that a competitor is copying or using your brand/name and trading on your hard-earned reputation. The following guide provides three important tips on how to best protect your business brand — from registering your trademarks to monitoring your competitors...

Telstra and Airbnb in Legal Trademark Battle over “Belong” Tagline

Category: Trademark Information

Telstra and Airbnb are in an ongoing legal trademark battle over the tagline ‘Belong’. Airbnb, a global Internet service company worth $US25.5 billion that connects customers with homeowners who want to rent out spare rooms, first tried to trademark the tagline “Belong anywhere” in Australia in October last year. However,...

4 Questions to Ask Yourself Before Applying for a Trademark

Category: Trademark Information

In Australia, there are several criteria that one needs to consider before applying for trademark protection, including eligibility and the likelihood of acceptance of a trade mark for registration. Trademarking Specialists Pinnacle TMS has put together a list of questions that you should ask yourself before applying for a trademark: Am...

Vodafone Australia and Telstra in Legal Trademark Battle

Category: Trademark Information

Two of the nation’s largest telecommunications companies are in a trademark battle over the tagline “Ready Business”. Vodafone Australia is facing legal opposition from Telstra, who claims that it has already trademarked the line for its Digital Office Technology products, which is frequently promoted with the near identical...

The 3 Steps of Trade Mark Renewal

Category: Trademark Information

Is your trademark about to expire? In Australia, registered trademarks are valid for a period of 10 years. That means that if your company doesn’t renew your registration for your brand, logo, tagline or any other distinguishing feature in time, your business is no longer protected under the law and your competitors could make...

What Do Trademark Specialists Have To Say About Trademarking Small Businesses?

Category: Trademark Information

Small business owners may often question the need for a trademark. When looking to minimise costs to maximise profits, the time and effort they perceive to be required in trademarking your business, may seem like just too much. But imagine walking down the street and seeing your business/brand nameon the front of a competitor’s...

Taylor Swift Jumps On The Trademarking Bandwagon

Category: Trademark Information

A trademark is used to distinguish the goods and services of one trader from those of another. It is a right that is usually granted for a business name or logo, but can also be expanded to encompass a letter, number, word, phrase and much more. Once this is trademarked, this gives the owner exclusive rights. When another attempts...

Why It Is Important To Trademark Your Business

Category: Trademark Information

Whilst many may think a trademark is nothing more than a symbol attached to your business name, there are a number of reasons that trademarks are an important necessity for your business.   Having a registered trademark is one the greatest assets of a business. Pinnacle TMS share the top reasons to why Australian business...

What You Might Not Know About Trade Mark Registration in Australia

Category: Trademark Information

Do you think you know everything there is to know about trade mark registration? With all the different rules and research that needs to be done, Pinnacle TMS has compiled a list of four things you might not know about trade marks in Australia: What is a trade mark – A trade mark is a word, phrase, symbol or logo image that...

The Difference Between ™ and ® Trademark Symbols

Category: Trademark Information

Business owners often get confused between the ™ and ® trademark symbols and their meanings, but there is a BIG difference between them. What is the difference between ™ and ® trademark symbols? Do I have to use either? ‘TM’ stands for Trade Mark. This symbol can indicate that you have a pending application for the...

Is A Trademark The Same As A Business Name?

Category: Trademark Information

While a business name is often used as a brand or trademark, having business name registration does not give you ownership of that name. It is simply a government requirement so that people can find out who is behind a particular name, but does not give you brand ownership. Imagine if you started using a new business name and...

What Is A Trademark?

Category: Trademark Information

A trademark can be a word or words, phrases, symbols, designs, or a combination of these elements, to identify and distinguish the goods or services of one party from those of another. In everyday life you will know and use many examples of each of these types of brands: QANTAS ® BILLABONG® ...

Is One Trademark Enough? Should I Register My Brand In Multiple Categories?

Category: Trademark Information

Whether you’re business is in the set-up stages or has been established for some time, if you’re thinking about trademarks, you already know that the main reason businesses use them is for protection. After all, your business is more than your livelihood; it’s also your “baby”. Something that you’ve thought about,...