published on 5 May, 2010 and filed in Opposition & Infringement

Just a few weeks away from launching, web startup and alcohol search engine Groggle has been hit with a cease and desist letter from Google.
The Groggle trade mark has been accepted for registration so the first step looks to be opposition proceedings before the Trade Marks Office.
Read on to find out some of the problems Google will face.
published on 16 March, 2010 and filed in Trade Marks Law & Process

In 2007, Toyota said it was seriously considering suing Jetstar over the use of what it called a “Toyota-style jump” in Jetstar’s ads.
Back then, it wasn’t clear if it was possible to register a “movement” as a trade mark.
Well, the Trade Marks Office has now confirmed that it will accept movement trade marks for registration.
published on 10 March, 2010 and filed in Advertising & Marketing

This is the story of how a dumb branding choice for anti-diarrhoea medication caused the proverbial to hit the fan.
Drug company Novartis are the makers of Maalox Total Relief, a potent liquid formula that provides relief from heartburn, indigestion, bloating and diarrhoea. It’s packaged in the purple bottle above.
published on 9 March, 2010 and filed in Brand Protection / Trade Mark Basics

1. Will your brand name infringe someone else’s registered trade mark?
2. Is your brand name already being used by someone else?
To get the answer to these two questions, you need to do some searching. You’ll find a quick and dirty guide to DIY clearance searches after the jump.
published on 16 February, 2010 and filed in Brand Protection

The exclusive rights you get from a registered trade mark are only as good as the steps you take to actively protect and enforce those rights.
One essential way to do this is to implement a ‘watch service’ – what I call your ‘trade marks radar’.