White SW Computer Law
Intellectual Property, Information Technology & Telecommunications Lawyers
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
Sydney Office - GPO Box 2506, SYDNEY New South Wales 2001 Australia
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044
Email: wcl@computerlaw.com.au Internet: http://www.computerlaw.com.au

User Tools

Site Tools


nlaug06

Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Next revision
Previous revision
nlaug06 [2011/02/14 18:11]
127.0.0.1 external edit
nlaug06 [2017/07/30 18:02] (current)
Line 1: Line 1:
 ====== White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - August 2006 ====== ====== White SW Computer Law Intellectual Property, Information Technology & Telecommunications Newsletter - August 2006 ======
-===== REGISTRATION OF A TRADE MARK – IS YOUR TRADE MARK TOO SIMILAR? =====+===== Registration of a Trade Mark - Is your trade mark too similar? =====
 As part of the process when applying for the registration of a trade mark, if your trade mark is accepted for registration,​ the details of the application will be advertised in the Official Journal of Trade Marks. ​ For 3 months after the details are advertised, other parties may oppose the registration of your trade mark.  If no opposition is filed against your application,​ or if opposition is unsuccessful,​ your trade mark will be registered when you pay the registration fee. As part of the process when applying for the registration of a trade mark, if your trade mark is accepted for registration,​ the details of the application will be advertised in the Official Journal of Trade Marks. ​ For 3 months after the details are advertised, other parties may oppose the registration of your trade mark.  If no opposition is filed against your application,​ or if opposition is unsuccessful,​ your trade mark will be registered when you pay the registration fee.
  
Line 6: Line 6:
  
 If you believe that a trade mark is similar to your own registered trade mark, and the goods and services covered by the application are the same or related to the goods and services for which your trade mark(s) was registered, you should consider filing a Notice of Opposition. If you believe that a trade mark is similar to your own registered trade mark, and the goods and services covered by the application are the same or related to the goods and services for which your trade mark(s) was registered, you should consider filing a Notice of Opposition.
 +
 If you file a Notice of Opposition, within three months you must provide the materials upon which you seek to rely as to why the trade mark should not be registered after which, the Trade Mark Applicant has three months to respond to those materials. If you file a Notice of Opposition, within three months you must provide the materials upon which you seek to rely as to why the trade mark should not be registered after which, the Trade Mark Applicant has three months to respond to those materials.
  
Line 12: Line 13:
 Intelec Engineering Pty Ltd (“Intelec”) filed an application to register the trade mark INTELEC ENGINEERING for the following goods and services Intelec Engineering Pty Ltd (“Intelec”) filed an application to register the trade mark INTELEC ENGINEERING for the following goods and services
  
-**Class9** Custom software applications and device drivers, automatic test programs, electronic circuit boards, integrated circuit memories, operating systems programs, custom analogue and digital circuits \\ +Class 9Custom software applications and device drivers, automatic test programs, electronic circuit boards, integrated circuit memories, operating systems programs, custom analogue and digital circuits \\ 
-**Class16** Instructional and teaching material including operating manuals and course notes \\ + 
-**Class35** Project management; requests for tender; tender development;​ tender evaluation and design and product validation \\ +Class 16Instructional and teaching material including operating manuals and course notes \\ 
-**Class42** Analogue and digital circuit design; circuit board analysis to determine suitability for automatic test; printed circuit board design with optimisation for electromagnetic compatibility (EMC) and noise minimisation;​ configuration management of equipment and documentation;​ development and implementation of equipment support plans detailing scheduled and corrective maintenance;​ research and evaluation of new hardware and software+ 
 +Class 35Project management; requests for tender; tender development;​ tender evaluation and design and product validation \\ 
 + 
 +Class 42Analogue and digital circuit design; circuit board analysis to determine suitability for automatic test; printed circuit board design with optimisation for electromagnetic compatibility (EMC) and noise minimisation;​ configuration management of equipment and documentation;​ development and implementation of equipment support plans detailing scheduled and corrective maintenance;​ research and evaluation of new hardware and software
  
 Intel filed evidence showing that it is the owner in Australia of a number of trade marks either wholly comprising or prominently featuring the trade mark INTEL and which are extremely well-known in relation to the IT industry in general and personal computers in particular. Intel filed evidence showing that it is the owner in Australia of a number of trade marks either wholly comprising or prominently featuring the trade mark INTEL and which are extremely well-known in relation to the IT industry in general and personal computers in particular.
Line 45: Line 49:
   * Before you choose a product name or company / business name, do a trade mark search and avoid using names that are the same as or similar to registered trade marks   * Before you choose a product name or company / business name, do a trade mark search and avoid using names that are the same as or similar to registered trade marks
   * If you apply for trade mark registration,​ make sure the application features the trade mark in the form in which it is actually used   * If you apply for trade mark registration,​ make sure the application features the trade mark in the form in which it is actually used
- 
-[[newsletters:​nlaug06#​In this issue:​|Contents]] 
- 
-**STEVE WHITE**\\ 
-**WHITE SW COMPUTER LAW**\\ 
-**AUGUST 2006** 
- 
-**www.computerlaw.com.au** 
-**© White SW Computer Law 2006** 
-This article is a guide only and should not be used as a substitute for proper legal advice, readers should make their own enquiries and seek appropriate legal advice. ​ 
  

  © White SW Computer Law 1994-2016. ABN 94 669 684 644. All Rights Reserved.
  Liability limited by a scheme approved under Professional Standards Legislation
  This website is a guide only and should not be used as a substitute for proper legal advice.
  Readers should make their own enquiries and seek appropriate legal advice.
  For legal advice please email wcl@computerlaw.com.au