Filing a trade mark? Don't skip the strategy! A case study reveals the importance of distinctiveness & legal advice to avoid opposition. Protect your brand with expert tips.

Australian Traditional Medicine Society Ltd - A case highlighting the Importance of Trade Mark Filing Strategy

Starting March 2024, IP Australia will adopt the Madrid Goods & Services list for trademark applications, enhancing protection and simplifying processes for both domestic and international filings. Discover the benefits and practical considerations of this pivotal change in our latest blog.

Australia aligns goods and services descriptors for trade marks with the international system

The Finish Powerball case offers crucial lessons for brand owners on proper trade mark use. Learn about maintaining substantial identity, acceptable alterations, and protecting your brand's trade marks.

Protecting Your Brand: Trade Mark Use Tips from the Finish Powerball Judgement 

Explore Tesla's innovative patent strategy in this insightful blog. Discover how Tesla's open-source pledge and focus on patents in high-tech sectors like AI and manufacturing are reshaping the electric vehicle industry, attracting top talent, and fostering rapid innovation. Dive into the future of intellectual property with Tesla's game-changing approach.

Tesla's Unconventional Patent Strategy

Discover the essentials of Freedom-to-Operate (FTO) searches with Baxter IP's expert guide. Dive into the complexities of patent landscapes and learn how to navigate IP rights confidently. Ideal for innovators in HighTech and Healthtech industries seeking to launch new products without legal pitfalls. Maximize your strategic planning with our in-depth analysis and industry-specific insights. Start safeguarding your innovations today.

Navigating the Complex World of Freedom-to-Operate Searches

Explore the strategic advantages of provisional patent applications in our detailed guide. Essential reading for startups and innovators, this article delves into the benefits of securing a global filing date, balancing idea disclosure with protection, and enhancing credibility for funding. Discover how provisional patents can be a game-changer in protecting your intellectual property.

Navigating Intellectual Property: The Considered Approach of Provisional Patent Applications for Startups and Innovators

Explore NatWest's groundbreaking IP lending model in our latest blog, 'Intangible Innovation'. Discover how intellectual property is revolutionizing business financing, shaping global economic landscapes, and offering strategic growth opportunities for Australian companies. Delve into the future of intangible assets with our insightful analysis.

Intangible Innovation: NatWest's Trailblazing IP Lending Sparks a Global Paradigm Shift

Australian Startups Losing Grip on India's Largest Digital Consumer Market: Capitalizing on Computer Related Inventions

Explore the complexities of AI Regulation and IP Law in the latest blog by Baxter IP. Delve into the EU's new AI Act and its impact on biometric tech, hiring tools, and more. Understand industry concerns over heavy regulations versus the need for ethical AI. Gain insights from Michael Bacina of Piper Alderman on the challenges of AI authenticity and scams. Learn how these regulations affect IP rights, technology licensing, and patent strategies. Discover essential advice for Australian firms on navigating AI innovation and regulation. Stay informed about global trends in AI oversight and how Baxter IP can help protect your IP in this evolving landscape.

Navigating the New Frontier: AI Regulation and IP Law

Discover the escalating legal battle between China's YMTC and US-based Micron over groundbreaking 3D NAND flash memory technology. Explore how this patent lawsuit reflects the intensifying tech competition between China and the US, and learn how Baxter IP can assist in navigating complex international IP disputes.

YMTC-Micron Patent Dispute Signals Shifting Competitive Landscape

A decision was made to the grant of an accepted patent based on lack of clarity, lack of support, lack of sufficient disclosure, lack of utility, lack of inventiveness, and manner of manufacture.

A Sweet Victory for Mars, Inc.

IP Australia proposes design law reforms focusing on virtual, partial, and incremental designs to stimulate innovation and protect creators.

Remodelling of the Designs Act 2003

The Delegate of the Commissioner of Patents released a decision regarding Mastercard's patent application, concluding it doesn't qualify as a manner of manufacture.

MasterCard provides a Manner of Manufacture Master Test for CIIs

Baxter IP debuts in IAM Patent 1000 rankings, recognized for high-quality IP service and expertise. Three attorneys earn Recommended Individual status.

Baxter IP recognised in IAM Patent 1000 2023

In a patent dispute between CQMS Pty Ltd and ESCO Group, claim amendments were refused due to a linguistic difference in scope and failure to align with the original claims.

Shoveling through the Details: Examining Patent Amendments in CQMS Pty Ltd v ESCO Group LLC [2023] APO 35

Chris Baxter, Managing Director of Baxter IP, recognized as a Patent Star in Managing IP’s Australian IP STARS 2023, reflecting his expertise and client esteem.

Chris Baxter recognised as an IP Star

Patenting micro-organisms in Australia – Section 42

Mauritius becomes the 114th member of the Madrid Protocol, facilitating streamlined and cost-effective trademark protection across 130 countries.

Mauritius joins the Madrid Protocol

Recent space patents US20230036143A1 and CN115556948A demonstrate innovative solutions for debris capture and thermal protection in the space industry.

Interesting patents in the space industry

Discover the key requirements for obtaining a micro-organism patent in Australia, including deposit procedures, disclosure, and accessibility standards.

Patenting Micro-Organisms in Australia ~ s41

Belize joins the Madrid Protocol, simplifying the process for brand owners to seek trademark protection in multiple member countries.

Belize joins the Madrid Protocol

Australian patent law requires patent specifications to provide clear and complete disclosure to enable a person skilled in the art to perform the invention.

Section 40(2)(a) – Enablement

Colours can be features of your trade marks and colours themselves can be trade marks. This article tells you the differences between these two concepts.

Colour your trade mark or trade mark your colour? 

If you suspect trade mark infringement, consult a trade mark attorney for advice before taking action. Registration is key for protection.

What to do if you believe your trade mark is being infringed

Discover the latest space industry patents, including NASA's flexible thermal protection system and Lockheed Martin's thermoelectric rocket propellant tank pressurization.

Recent patents in the space industry

Baxter IP secures a "cracking win" for Cracka IP, successfully defending trademark oppositions, safeguarding valuable assets.

A cracking win for Baxter IP

Start-ups and new trade marks for your food and beverage products.  What to protect and how to safeguard your trade marks through the lifecycle of your brand.

Would you like a trade mark with that? Upsizing your trade mark knowledge for food and beverage trade marks

Learn about Australia's potential accession to the Hague Agreement for international industrial design protection.

Australia and the Hague Agreement

Seeking global trade mark protection? Understand "first-to-use" and "first-to-file" systems. China operates "first-to-file," securing brand early is vital.

Global Trade Mark Protection

Australia's space industry has seen significant growth, with a focus on innovation, international collaborations, and startups shaping its future.

Lift off: advancing Australia’s space industry

Sponsorships in sports, such as cycling's Tour de France, offer significant brand exposure, emphasizing the need for trademark protection in this arena.

Trade marks in cycling

Two existing approaches for obtaining European patents: direct national filings and via EPO. A new approach through UPC is expected soon.

UPC v EPO – European Patents

The Commissioner of Patents at the Intellectual Property Office of New Zealand has affirmed the law around patentable subject matter and computer programs “as such” in New Zealand in a recently released decision (3M Innovative Properties Company [2022] NZIPOPAT 5). 

3M Innovative Properties Company [2022] NZIPOPAT 5

Exploring the patentability of healthcare apps, including key considerations and requirements for IP protection in this emerging digital health space.

Patenting Your Health Care Apps

Intellectual Property (IP) protection can extend to products containing open source software (OSS) through patenting and hybrid approaches.

Use of open source software can affect your IP and rights

Australia is in a strong position to continue to exploit developments in intellectual property in Quantum Mechanics. In this Article, Baxter IP Director, Martin Earley, provides an overview of innovation and future applications in this space.

Quantum mechanics is here for all

UAE joins Madrid Protocol for streamlined international trademark protection. Benefits for brand owners & aligns UAE with other Middle Eastern nations.

United Arab Emirates joins the Madrid Protocol

Understanding the patentability of proteins and nucleotide sequences requires navigating jurisdiction-specific rules and the nature of the invention.

Patenting peptides and sequences in Australia

Online platforms like Shopify provide takedown procedures for trademark owners to protect their rights, but understanding how to dispute takedowns is also crucial.

Trade marks and online takedowns

A recent Federal Court decision in Australia found that Puma's PROCAT trademark was deceptively similar to Caterpillar's CAT trademarks, leading to confusion among consumers, and denied registration of Puma's mark.

CAT vs PROCAT: Caterpillar succeeds in Federal Court action against Puma

Unlike established businesses that normally have their IP activities documented in detail by experienced staff, most start-up companies do not have a comprehensive understanding of their IP. This means the traditional questionnaire-centered IP audit approach will not work because the questions may not be interpreted properly, and the answers may not be accurate due to lack of IP experience and valid IP record.

A pragmatic approach to intellectual property (IP) audit for start-ups

Australia's Designs Act 2003 has undergone significant reforms, including a 12-month grace period and enhanced infringement protections for designers.

Important changes to Australian Design Law: A more relevant designs system for the design industry

The existence of brands in the marketplace which are similar to your trade mark may confuse or mislead consumers that the goods and services of the brands are of the same source. It also dilutes the exclusivity of your trade mark right. You can prevent such incidents from happening by monitoring your trade marks.

Do you need to monitor your trade marks? Trade mark watching and other watching services you might consider

Learn about different methods of commercializing your invention and the importance of creating a business plan to reduce risks.

Things to think about in commercialising your idea

Zig Zag Hub, a coworking space in Wollongong NSW, wins against a trade mark opposition despite the number of grounds raised by the opponent. Find out how we did it and why it’s worth defending your trade mark application.

Zig Zag Hub’s Win in Trade Mark Opposition

Know the steps you need to take in order to secure protection for your business and/or brand for its long-term success.

4 crucial steps for establishing a new business brand

Maintaining the confidentiality of your invention post-patent filing is crucial to protect your patent and prevent competitors from gaining insights into your innovation.

Should you keep your invention confidential after filing a patent application?

When to file a patent application? Balancing development vs. patent filing, searching for prior art crucial for success. Depends on circumstances.

What is the best way to start my patent journey?

Do you have the right trade mark to register, licence and maintain your .com.au or .net.au domain?

When near enough isn't enough!

Baxter IP proudly announces the promotion of Dr. Qi Zhang to Principal. Dr. Zhang brings extensive experience in intellectual property management and strong client relationships, particularly in southeast Asia.

Congratulations to our new Principal: Dr. Qi Zhang!

A recent decision by IP Australia highlights that movie titles are often seen as artistic rather than commercial, making them less likely to be protected as trademarks.

Is LION a Dr No? Use of film names as trade marks

Famous well-known brands vigorously defend their brand from infringement. Famous brands are generally worth hundreds of millions or billions of dollars. However, has Apple Inc been overzealous in their efforts to stop a company with a ‘pear’ logo from operating? This case has not yet been resolved.

A curious case of apples versus pears

IP plays a crucial role in pre-traction investment by ensuring ownership, maximizing opportunity size, preventing market share loss, and providing evidence of future traction.

IP unlocks startup valuation – Part I

Two recent decisions of the IPONZ hearing office highlights how appealing to the Commissioner's broad discretion can reverse a missed deadline for divisional filing where a genuine mistake has been made.

Circumventing the NZ divisional deadline: Primapak and Magic Leap

Learn how Aristocrat Technologies successfully defended its software-related innovation patents and discover actionable steps for patent attorneys and innovators to reduce subject matter objections in software patents.

Patentable subject matter – a skill game

Understanding the differences in how registered designs are assessed in different jurisdictions is important when seeking design protection. None more apparent are the differences between Australian and New Zealand design law which is important to understand as it can have implications regarding your registered designs in these countries.

A tale of two systems: comparing Australian and New Zealand designs law

Choosing generic brand names can cause confusion among consumers and pose legal challenges. A recent trademark case highlights this issue.

Which zoo is which? Are generic trade marks causing confusion among Sydney’s zoos?

Navigating the patent landscape in the world of artificial intelligence requires a strategic approach due to a substantial number of existing AI patents.

Artificial intelligence – born with patents

Licensing agreements for patents must comply with the Patents Act to grant exclusive licensee status, allowing them to bring legal action for patent infringement. Failure to meet these requirements can lead to complications in enforcing patent rights.

Vald Performance v Kangatech

In cases where parent and subsidiary companies share ownership and directors, use of a trademark owned by one is likely authorized use by the other.

Use of a trade mark within a corporate group

Filing intellectual property rights in Australia doesn't require a signed power of attorney, unlike some countries like Japan and China.

Requirements for legalising power of attorney documents when filing trade marks

A case study of Sunraysia vs. Honest Tea highlights the importance of proper use of registered trade marks and the need for quality control when authorizing others to use them.

Proper use of registered trade marks: learning from the case, The Sunraysia Natural Beverage Co Pty Ltd v Honest Tea Inc [2019] ATMO 74

A CRISPR patent was revoked due to unsuccessful transfer of priority rights to Europe through PCT.

CRISPR – Patent revoked due to unsuccessful transfer of priority rights to Europe

Baxter IP has partnered with AgCrowd, an investment platform for Agtech and energy-tech companies, to support innovators in these sectors in Australia. The partnership aims to combine legal and financial resources to help inventors bring their Agtech and Energytech creations to market.

Baxter IP partners with AgCrowd, a potential win for Agtech / Energytech innovators

Chemical, biotech, and pharmaceutical patents play a crucial role in innovation and protecting intellectual property. This article discusses issues related to patentable subject matter, claim types, indigenous knowledge protection, and extending the term of pharmaceutical patents in Australia.

Claims and issues in filing chemical, biotech and pharmaceutical patents

In a recent trade mark case, Freelancer's registration of "LIKE A BOSS" was deemed in bad faith as it interfered with a competitor's brand.

Lack of intention to use in good faith or bad faith in trade mark applications

Baxter IP Patent & Trademark Attorneys is proud to be a finalist in the 19th Australian Law Awards by Lawyers Weekly. 

Baxter IP, a finalist in the 19th Australian Law Awards

The "SURFERS' BURGERS" trademark faces rejection due to lacking distinctiveness for restaurant services, highlighting the importance of selecting unique trademarks.

A discussion as to the secondary signification of words: Surfers Burgers Limited [2019] ATMO 27

The “ROKT” case sheds light on how the court will address manner of manufacture issues for computer implemented methods. - Naleesha Niranjan

Rokt Pte Ltd v Commissioner of Patents [2018]

In Davies v Lazer Safe Pty Ltd [2018] FCA 702, Lazer Safe systems did not infringe Australian patent No. 2003229135, marking a significant legal decision.

Davies v Lazer Safe Pty Ltd [2019] FCAFC 65

The Australian Federal Court examined the interpretation of the term 'contains' in a patent related to LED lighting, affecting the scope of patent protection.

Shining light on the term "contains" in a patent application

Genericide is real. Your trade mark may be well known enough to become a household name, but it may be a step closer to losing its value.

Genericide – what is it and how can one prevent it?

Discover differences in Australian and New Zealand design laws, from examination to protection terms and registration standards.

The differences between Australian and New Zealand designs law

Exploring the criteria for patenting software-related inventions in Australia, focusing on the importance of technical contributions.

Aristocrat decisions provide some clarity on manner of manufacture of software type / IT inventions in Australia

Understanding the commercial and legal aspects of trademark distinctiveness is crucial for protecting and building brand value.

Trade mark requirements and how to use trade marks properly

Filing the correct trade mark from the start will go a long way in keeping your trade mark registration free of conflict. Here are some guide questions to consider when registering one or more trade marks for your business.

Which version of your brand trade mark should you file as trade mark?

A strong trademark strategy is crucial for brand recognition. Ensure distinctiveness, consistent use, and enforcement to protect your brand's value.

Steps along the way – securing, managing, and enforcing your brand

Australian SMEs and IP holders are urged to consider protecting their IP assets in China as the IP landscape evolves and IP commercialization grows.

Register IP rights in China

A recent trademark case involving Braintree Communications Pty Ltd highlights the importance of regular use and maintenance of trademarks to prevent third-party cancellations.

Braintree resists attempt by software giant to cancel its trade mark

ESCO Corporation's patent application for a wear assembly was challenged by Ronneby Road Pty Ltd, questioning utility based on promised advantages.

A purpose or a promise: Utility in ESCO Corporation v Ronneby Road Pty Ltd [2018] FCAFC 46

Taronga Zoo fails to oppose Sydney Zoo's trademark registration; evidence insufficient for confusion or bad faith.

Taronga Conservation Society Australia vs Sydney Zoo Pty Ltd

In Australia, the roles of patent attorney and lawyer differ, with patent attorneys focusing on technical aspects and lawyers on legal issues.

The difference between a patent attorney and a lawyer

Discover the potential of non-traditional trademarks like sound, color, shape, scent, and movement marks in differentiating your brand and gaining a competitive edge.

Non-traditional trade marks

Startups in Australia can make themselves more appealing to investors by qualifying as Early Stage Innovation Companies (ESICs), offering potential tax incentives and capital gains benefits.

ESIC – Make startups more investible

Patent monopoly & the price to be paid – claim wording and determination of the scope of protection

Amendments to Australia's patent legislation have raised the requirements for sufficiency and support in patent applications. Recent decisions by the Australian Patent Office provide guidance on these requirements.

Drafting for sufficiency and support in Australia

Learn the requirements for registering a design: it must be novel and distinctive, with the importance of not disclosing it before filing.

The requirements for design registration and the design process made easy

Your business' IP is a critical element of your business. Educating yourself in various forms of IP is the first step in carving a better future for your IP destiny.

You own your IP, so take ownership of your IP destiny

Your business' intellectual property is as important as your tangible assets. These days, staying ahead of the competition also means planning your IP strategy well.

What is your IP strategy?

A good brand name can build the image of your business. Just as you plan your business well, so must you plan your brand.

20 things brand owners need to consider when starting a business

 Choosing the right patent application type is crucial. Options include provisional, innovation, standard, and international (PCT). Choose based on your R&D and business goals.

What type of patent application do I need to file?

Despite recent rulings, software remains patentable in Australia, with multinational companies actively filing and receiving grants for software patents.

Software is patentable in Australia

Design patents offer cost-effective protection for industrial designs, including graphical user interfaces, and provide a competitive edge.

Register your designs – In the US and the EU you can register Graphical User Interfaces

Understanding groundless threats in trademark infringement cases is crucial to avoid legal consequences and protect your brand.

	 Trade marks and groundless threats – why you should seek expert advice before enforcing your rights

When you pay a graphic designer to create a logo, you may not automatically own the copyright. Copyright law requires a written agreement to transfer ownership.

Designing a new logo? Make sure you own it!

Thailand and Indonesia join the Madrid Protocol, streamlining international trademark registrations for brand owners.

Asian territories join global trade mark system

The debate over whether AI can be considered an inventor centers on the idea that invention involves more than technology; it also requires a recognition of commercial advantage.

Can AI be an inventor listed in a patent?

Enhance your corporate IP strategy and patent skills with a workshop series led by Paula Natasha Chavez and Dr. Qi Zhang, ideal for in-house patent engineers and IP liaison officers.

In-House Patent Engineer Training Workshop

Australia must boost its patent culture to stay competitive in the global knowledge-based economy, as patenting rates remain stagnant while the rest of the world accelerates.

Post-industrial economies invest in intangibles to protect competitive advantage

Navigating software patent eligibility in the US and Australia, highlighting key considerations for patenting software inventions.

Innovate Boldly. Protect Strategically.