Navigating Law Together
We hope you enjoy the regular updates of exciting news within our firm and developments in the law. With offices in both Sydney and Melbourne Hazan Hollander continues to build on its strong reputation in all areas of Intellectual Property and Business Law for SMEs. Whenever an issue arises, be it large or small, we will work together with you, as part of your team, helping you navigate the complexities of the law. We will use our experience, passion and strategic thinking to assist you achieve your desired outcomes.
You may have noticed our newly designed website at hazan.com.au. We would like to thank Click Creative in South Yarra, Melbourne for their assistance with the new design. Please visit the website. We welcome any feedback you may have on the design.
Trade mark removal
In August this year, the Intellectual PropertyLaws (Productivity Commission Response Part 1 and Other Measures Act) 2018 commenced. It sought to provide measures to:
- clarify when the parallel importation of trade mark goods does not infringe a registered trade mark;
- reduce the grace period for filing non-use applications under the Trade Marks Act from five years to three years;
- repealed Section 76A of the Patents Act, which requires patentees to provide certain data related to pharmaceutical patents with an extended term; and
- introduced additional damages for unjustified threats of infringement proceedings.
The change to the grace period for the filing of non-use applications is one of interest to several of our clients. It provides a salient reminder of the importance of making genuine use of your registered trade mark for each of the goods and services for which a mark is registration. The risk of not using your trade mark is that it could be removed. Previously, an application for removal could only be made if the mark had been registered for a period of five years. However, the change in law means that the application can now be made after three years of registration. We have assisted several clients defence trade mark removal applications. Recently we were pleased to defend an application made by a large overseas entity to remove a registered trade mark of a proud family owned Australian business. It was pleasing to help the Australian entity retain its trade mark registration with a Costs Order also being made in its favour. If you would like a copy of the Decision, please let us know.
As the end of 2018 is fast approaching, now is a good time to complete the tasks you may have been sitting on all year. Whether it be lodging an application to register your new trade mark, completing commercial contracts, or restraining your competitors from infringing your rights. We would be pleased to assist you in any way we can. Please contact us by telephone or email if you would like to meet to discuss any issues or to simply catch up for coffee.