Australian Trade Marks - It's all about Use!

 My colleague Hedie, reminds us that "use" as a trade mark is central to trade mark law, in this interesting article.  The  article introduces the delightful description of a "limping" trade mark. 

A practical take away from the case is that we need to ensure that all the trade marks used in branding and marketing are used on their own as a badge of origin for an applicant to avoid an accusation of being a limping mark, and thus be vulnerable either to removal from the register for non-use or not achieving trade mark registration.

The relevant case can be found here: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/ATMO/2021/2.html. 


Comments

Popular posts from this blog

Amending Granted Patents

For the Record

Invention copied? That's a good thing