EUIPO reports about the accession of Australia to the global trademark database TMView. In this way 1.6 million Australian trademarks will be added to the database, which will give access to almost 60 million marks from around the world.
For more information here.
Launching a new brand in the market is always a challenge. It requires lots of effort and good business and marketing strategies as a ground.
Before launching the brand, however, you need to have an appropriate brand name which in most the cases is a product of a brand-building process.
You have two main options in that regard, to try to create the brand name on your own, in case that you don’t have a big marketing budget, or to hire an agency that will do that for you.
In both of the cases, however, there is one specific moment that you need to pay attention to. It is related to the question to what extent you can use and protect your brand.
It can sound not so an important issue at first glance but it is. The reason for this is that if you start using a brand for which there are already registered trademarks by someone else, you risk becoming a trademark infringer. This can create a myriad of problems for you including the need to re-brand and pay compensations.
And what is the chance for this?
It is not negligible at least because there are millions of registered trademarks in the world which in turn require a lot of attention when a new brand is introduced in the market.
One of the ways to escape such negative scenarios is a trademark clearance search to be implemented before the launch. This can save you not only time but money but will protect you from legal pitfalls.
If you want to learn how to do such trademark searches in the US, Canada, the UK, Ireland, Australia, and New Zealand, you can check this new and useful Udemy course on this topic here.
When you want to launch a new brand in the market one of the key moment is to be sure that there is no other identical or similar marks to yours. This is a crucial moment because otherwise after your launch you can be accused of infringement of rights by owners of earlier trademarks.
It’s not enough to check for such earlier marks just before the launch, it’s much better if you do this throughout the brand-building process because you will be able to make the necessary changes in your name without losing time at the last moment.
You have two main options to search for trademarks. The first one is to ask the relevant Patent Office to do that, which is possible because most of the Offices offer such a service. The downside here is that for every search you need to pay a fee and to lose some time due to the fact that such search reports are not instantaneous.
The alternative is to do this search on your own. Is this possible? Yes, it is. Most of the Patent Offices have free and open online databases for trademarks because this information is public. You can check them searching for your trademark.
However, you need to know some of the basic principles of trademark protection and how these database works and their nitty-gritty.
If you want to learn how to do such searches and to save time and money you can check this new Udemy course on this topic which will be launch very soon. It will teach you to perform trademark searches for the territories of the US, Canada, the UK, Republic of Ireland, Australia and New Zealand.
For early birds that sign up, there will be free coupons.
For more information here.
A recent trademark battle between Apple and Swatch has ended with success for the Swiss company.
The dispute at hand concerned a trademark application for ‘one more thing’ filed by Swatch.
Apple filed an opposition arguing that this phrase was well-known by consumers in relation to its products because it had been used in their launching.
The Australian Patent Office disagreed stating that according to the evidence Apple had used this phrase only once. This wasn’t enough to constitute real trade usage for the purpose of the trademark opposition procedure.
In addition, Swatch emphasized that the idea for this trademark was inspired by the “film noir” genre and in particular by the character of Colombo detective who regularly used this phrase in his investigations.
As it is well-known the EU is negotiating with Australia for a $100 billion trade deal similar to those signed with Canada and Japan.
In that regard, the EU’s Agriculture Commissioner Phil Hogan expressed his concerns about the deal after the last meeting between the parties in Canberra.
As in all other deals, the EU expects all of its geographical indications to cover the other party’s territory after the deal, which aim to protect the European producers of traditional products.
The problem in the case of Australia, however, is that many local manufacturers have been using European geographical indications, such as Prosecco and Feta for free for decades. The EU insists that to be discontinued. On the other side, the Australian government tries to support its producers in an attempt to avoid eventual economic disturbance for them.
In most of the cases, such disputes end with a grace period after which the relevant producers have to seize the use of the protected geographical indications or in some cases at least to add the name of the country in front for a distinction.
Source: The Sydney Morning Herald.