Managing IP’s Post

The General Court of the European Union recently deliberated on the registration of 'Joyful by Nature' as an EU trademark. Read more about this case in Kelly Cini's law report below. #TrademarkLaw #GCEU #EU #IP

A trade mark is a way of identifying a unique product or service. It’s a form of brand protection which distinguishes between your products or services and those belonging to your competitors. A trade mark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, movement, aspect of packaging, or a combination of these. If you wish to cancel a trade mark registration, there is a process to be followed. IP Australia ensures the following checks are performed: * The request to cancel is in the correct name. * The status of the trade mark is Registered/Protected or Registered-Renewal Due. * The request is filed by the registered owner or their address for service. * The request must clearly state that they want to cancel the trade mark. * The request has a signature. If there is more than one name as the registered owner of the trade mark, signatures of all co-owner(s) are required. * If the registered owner is a company, the position of the signatory must be provided and it must state that they are authorised to sign on behalf of the company. * If there are any claimed interests recorded. * If there are any unprocessed or pending assignments or claimed interests. If all of the above is covered without issue, then the cancellation can proceed without delay. Head to IP Australia’s website for more information: www.ipaustralia.gov.au #trademarklawyer #trademarklaw #trademarkattorney #Trademark #Trademarks #ip #iplaw #iplawyer #intellectualpropertylaw #IntellectualPropertyRights #intellectualproperty #commerciallaw #commerciallawfirm #commerciallawyer #littonlegal

Protect Your Food Business from Legal Issues: The Brand Name Check You Can’t Ignore! If you’re starting a food business, choosing a unique brand name is crucial—but so is checking if it’s already registered. Here’s how to ensure you’re legally in the clear: • Go to: https://lnkd.in/g27a8YHF • Enter your brand name idea. • Select Class 43 to confirm availability. Why is this essential? Overlooking this step can lead to legal complications, as registered brand owners can issue a legal notice against you. By checking and securing a unique name, you avoid potential lawsuits and protect your business. And don’t forget to trademark it once it’s confirmed available! #FoodEntrepreneurship #Trademark #FoodBusiness #CloudKitchen #CloudKitchenPro #BrandNaming #LegalProtection #BusinessTips

Adopting a new brand? Become a search fanatic! Key lessons from Fanatics v FanFirm on 'honest concurrent use in Australia' The Fanatics v FanFirm decision underscores the challenges of defending trade mark rights when adopting a new brand. Fanatics failed to establish honest concurrent use because their trade mark adoption and market presence lacked the consistency, clarity, and distinctiveness needed to prevail under Australian law. Key takeaways for brand owners when adopting a new Trade Mark/brand in Australia: 1. Conduct comprehensive Trade Mark searches Before adopting a mark, perform thorough searches in relevant jurisdictions. Ensure your proposed mark doesn’t conflict with existing trade marks, especially those with established use. A proactive search reduces the risk of future disputes. 2. Secure registration early Trade mark registration is the foundation of brand protection. File your application as soon as possible to establish legal rights and put others on notice of your claim. 3. Use your trade mark consistently and strategically Once adopted, use your trade mark regularly across all consumer-facing materials. This includes product packaging, marketing, and digital assets. Consistent use demonstrates commitment and helps build consumer recognition. 4. Document every stage of use Maintain detailed records of your mark’s adoption and usage, such as: • Marketing and advertising campaigns. • Sales figures and geographic reach. • Consumer feedback and engagement. Such evidence is critical if your rights are ever challenged. 5. Differentiate from your competitors Ensure your mark is distinctive and clearly recognisable. The court in this case found that Fanatics failed to establish a unique identity in the Australian market. Distinctive branding is key to building consumer association and defending your mark. 6. Act swiftly on conflicts If a potential infringement or conflict arises, address it promptly. Failure to act can weaken your position and make it harder to defend your rights later. Why this matters The Fanatics case highlights the risks of adopting a mark without adequate preparation or foresight. Honest concurrent use is not a fallback defence; it requires evidence of long-term, independent, and genuine use of the mark in good faith. For brand owners, this means being proactive from the outset and staying vigilant throughout your mark’s lifecycle. Protect your brand from day one ☝️ —build it strong, make it distinct, and defend it with evidence. Mere arguments that your trade mark was coined up or adopted honestly is no longer enough, you have to be able to prove it! Spruson & Ferguson can help you do just that. #honestadoption #trademarks #australia For a detailed look at the case, access the full judgment:

When using generic names as Trademark, you have limited rights and enforcement! "The word 'Forest' in itself is generic and Forest Essentials cannot claim dominance over the said part of their trademark" https://lnkd.in/dUEn6SYV #trademark #tm #trademarklaw #injunction #litigation #ipprotection #ipr #forest #legal #trademarkact

Some great tips from by colleague, Fabiola, on honest concurrent use in Australia

China: Does use of parts and internal components maintain trademark registration? http://spr.ly/6046ZxQPK Charles Feng, Mengyi Zhang, and Lian Xue of Tahota Law Firm consider what actions constitute the use of trademarks in China and explain how to reduce revocation risk concerning parts and internal components #managingip #trademarks #chinaip #tahota

‘Don’t fence me in’: what if your locally used trade name is in between one proprietor’s earlier trade name and a corresponding younger trade mark? The ECJ gave a concise overview of facts relevant to the case. Gino van Roeyen of LAWNCH outlines in general the situation at hand to illustrate the final outcome of the case for the Kluwer Trademark Blog! #trademark #ECJ #litigation #intellectualproperty

Oh dear. Again. This is a bit “old hat” as a story. Presumably by now the BBC have a template for these stories: * “small” business ✔️ * big “bully” business ✔️ * some sort of mistake or totally “innocent” misunderstanding ✔️ * a big bill they can’t really afford ✔️ Here’s another way of looking at it: * small business decided to save money and not use a professional to help them maintain their IP rights for less than £1k ✔️ * business with IP protection policy in place, takes action when small business files a fresh trade mark application ✔️ * small business flounders around trying to sort it out retrospectively and is surprised that expert advice costs money ✔️ * massive “unfairness” in the system is “uncovered” by BBC reporting with absolutely no attempt to discuss the merits of the situation with a professional trade mark expert ✔️ If you, or someone you know, is in a similar situation, PLEASE give them my details and don’t advise them to just go straight to the BBC. The local Beeb reporter *might* not be the best way to handle it (and is unlikely to get you value for money for your £30k spend). https://lnkd.in/e2BafaSh

A report from the International Trademark Association warns that "A major decrease in legal spending may be looming." The purpose of the report is to help brand professionals manage recession effects on their IP protection initiatives. One key finding was “Those trademark practitioners who adopted certain technology were less negatively impacted by this most recent recession.” This corroborates what many of our customers tell us about the cost-reduction benefits of our online brand protection-as-a-service. Our AI-powered, pro-active detection of brand impersonations across web, social, and mobile - as well as - our best-in-class takedown services team - save customers significant money compared to UDRPs and the like administrated by legal teams. #intellectualproperty #brandprotection #recession #costefficiency https://lnkd.in/edkEnkRV