Australian trade mark practice : selecting, registering and managing trade marks / Chris Sgourakis.

Chatswood, N.S.W. : LexisNexis, 2025.

1st edition

202750

Trademarks -- Law and legislation -- Australia.

Trademarks -- Australia.

1. What is a trade mark and why register?

2. Identifying the trade mark to be registered

3. Drafting a specification of goods and services

4. Identifying the owner of a trade mark

5. Steps in filing an Australian trade mark application

6. Series trade mark applications

7. Divisional trade mark applications

8. Examination of trade mark applications and time limits

9. Legal considerations for selecting a registerable trade mark

10. Marketing considerations for selecting a trade mark

11. Grounds for rejection of a trade mark application

12. Distinctiveness

13. Substantial identity

14. Deceptive similarity

15. Similar and closely related goods & services

16. Trade mark use

17. Intention to use

18. Trade mark infringement

19. Passing off & Australian consumer law

20. Overcoming an examiner's S41 non-distinctiveness objection

21. Overcoming an examiner's S44 prior mark objection

22. Trade mark oppositions

23. Revocation of acceptance by would-be opponent

24. Revocation of recent registration by would-be opponent

25. Non-use removal actions

26. Trade mark clearance search

27. Trade mark co-existence agreements

28. Assignment of trade marks

29. Licensing of trade marks

30. Proper use of trade marks

31. Trade mark watches and oppositions

32. Opposition strategies of three well-known trade mark owners

33. Best practices for managing trade marks

34. International trade mark registration

Appendix A: Reported decisions on deceptive similarity of word marks, by product and service types

Appendix B:

B.1 Goods vs goods, services vs services, goods vs services: reported decisions and guidelines on similar and closely related goods-services

B.2 Services vs services: decisions and guidelines on similarity of services

B.3 Goods vs services: decisions and guidelines on closely related goods-services

B.4 Services vs goods: decisions and guidelines on closely related goods-services.

Australian Trade Mark Practice: Selecting, Registering and Managing Trade Marks is the essential guide to navigating the intricate world of trademark law with confidence and precision. This meticulously crafted resource leads you through every stage of the trademark process - from filing your application and identifying your mark to drafting detailed specifications and overcoming IP Australia objections. With in-depth coverage of critical legal concepts, you gain not only the knowledge to tackle common challenges but also the confidence to guard your brand’s integrity. The book stands out with its unique tables that compile hundreds of trademark cases, complemented by clear flowcharts, screenshots, and trademark images designed to simplify even the most complex procedures. Whether you are conducting clearance searches, ensuring proper mark usage, or venturing into international registration, this guide empowers both practitioners and entrepreneurs to secure and manage their intellectual property with unparalleled expertise and ease. Features: Practical step by step guide on how to register, select and manage trade marks ; Unique tables collating and sorting hundreds of trademark case and a number of flowcharts showing different processes. - Publisher's website.

Includes bibliographical references and index.

9780409361599

lxviii, 816 pages ; 24 cm