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  • #969008
    NinjaB
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    • Total posts: 3
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    Hi to all,

    I am glad to of found this site. Very useful information on here, and in abundance :)

    I am confused with trademarks and I am wondering if someone can help me.

    I have a similar brand name as the example below that I want to register but am confused with the Word Constituents. I done a search on IP Australias search.

    Just say for example I wanted to register ‘Magiq’ and someone has ‘ID Magiq’ as their brand name am I allowed to register my Magiq name is no one else has it? I guess I should be asking a lawyer about this but am a bit tight on funds at the moment due to the startup.

    The words come up as follows in my example (not a real TM):

    Indexing Details –
    =ID
    ID
    MAGIQ

    Word Constituents
    I
    MAGIQ
    LTR

    Thanks so much for your help anyone on this matter.

    #1036420
    DavidM
    Member
    • Total posts: 329
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    Hi NinjaB,

    This is really an area that you need specific legal advice. My understanding is that you need to nominate the business area where you would like protection. For instance, would you like the trade mark to cover general insurance, food or manufacturing? Once you decide on the areas you would like coverage in you need to have a ‘similarity’ test conducted for other business who compete in this area.

    If there are no similar matches, you can register a trademark in this area. I am no legal expert, nor have I completed this process myself – however I’ve heard second hand that this is the process.

    Good luck.

    David

    #1036421
    Sean@dominiumcapital
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    • Total posts: 11
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    Hi.

    If you are not confident with the process, this is an area for a trademark lawyer. You can – if you’re feeling a bit more confident – go to the IP Australia website and use their “headstart” application process.

    Check it out – but go through all of the information on the site, as there are plenty of conditions to understand.

    http://www.ipaustralia.gov.au

    Hope this gives you a bit more useful information.

    Good luck with it all.

    Sean Dunne
    Dominium Capital
    http://www.dominiumcapital.com.au

    #1036422
    NinjaB
    Member
    • Total posts: 3
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    I was trying to avoid going to the lawyer :P

    Does anyone know of any commercial law type of forum in Aus? Thanks

    #1036423
    King
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    have a search on the forum, there are several good threads.

    From my understanding, in your examples, they have more words than you want, so that indicates good news.

    As alluded to, trademarks apply to specific applications. So if you wanted to trademark the name for use on say food, then I can happily trademark the name on say, apparel with no recourse for you to challenge that (or vis a vis)

    Also generally with trademarks it is the form that the mark takes, Think of the ford car logo vis perhaps someone selling Ford Pies.

    The really expensive part comes if ever you try to defend your trademark, or try to challenge someone elses.

    #1036424
    AdmitAll
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    • Total posts: 1
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    If you are both in the same industry, or even a similar industry, it will be an issue. For instance, if you are a paint supplier, and they are selling digital art software, the fields will be too similar (both “art related”) to be comfortable for the trademark to be considered safe.

    However, if they are different enough, it will be no problem. For instance, Apple Music and Apple Computers. From what I recall, Apple Computers tried to put “Apple” sound cards into their machines in the 80s. Apple Music won the court case, and Apple Computers were actually legally told that they could have nothing to do with music.

    Of course, Apple Computers now sell music, but that was only because Apple Music made an agreement with Apple Computers in the early 90s, and that muddied the waters enough, in the courts eyes, that Apple Computers could get away with basically pushing Apple Music out of the way all together.

    That probably wasn’t the best of examples, sorry! What I was trying to say was that if the industries are far enough separated, you should have no problems. If, however, there is anything linking them, then you will need to research properly as to whether or not there may be a potential problem in the future.

    #1036425
    NinjaB
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    • Total posts: 3
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    Thanks for the advice.

    The issue is I am in regional victoria and it is hard to see a TM lawyer.

    However I think the only issue that I have is this one:

    INMAGIQ

    Is registered under class 9 which is computer hardware which I think mine will fall under. Would them having INMAGIQ and me having MAGIQ going to be a conflict?

    And is it possible for me to contact them and ask them if any objections?

    #1036426
    TMIT
    Member
    • Total posts: 1
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    Hi Ninja, Each case needs to be assessed individually so if you still require help give me a call and I will advise you on the best course of action.

    #1036427
    victorng
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    • Total posts: 626
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    NinjaB, post: 44022 wrote:
    The issue is I am in regional victoria and it is hard to see a TM lawyer.

    You don’t necessarily need to meet face to face. Lawyers use the phone and email too :)

    NinjaB, post: 44022 wrote:
    INMAGIQ

    Is registered under class 9 which is computer hardware which I think mine will fall under. Would them having INMAGIQ and me having MAGIQ going to be a conflict?

    And is it possible for me to contact them and ask them if any objections?

    It depends on their description of goods and services and the goods and services you specify in your application – NOT whether they are in the same class (a single class can cover quite disparate goods and services).

    You can certainly ask them for their consent if your application is knocked back by the Trade Marks Office. But you’ll be alerting them to the existence of your application (and business) which they may not be happy about (and may do something about).

    The great thing is that you are actually thinking about these things. There’s lots of disaster stories of startups making branding decisions without proper enquiries and having it come back to bite them (e.g. check out the Puppy Phat / Lush Puppy story). So, getting some good advice at this stage is a good idea.

    Good luck!

    Cheers,
    Victor

    ^ This isn’t legal advice – I’m just shooting the breeze

    #1036428
    MinzBeadz
    Member
    • Total posts: 103
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    NinjaB, post: 44022 wrote:
    Thanks for the advice.

    The issue is I am in regional victoria and it is hard to see a TM lawyer.

    However I think the only issue that I have is this one:

    INMAGIQ

    Is registered under class 9 which is computer hardware which I think mine will fall under. Would them having INMAGIQ and me having MAGIQ going to be a conflict?

    And is it possible for me to contact them and ask them if any objections?

    Hi NinjaB,

    Did you get the advice you were seeking? Our company will be able to help and the meter IS NOT on when you call, we write or you browse our site? http://www.australiantrademarks.com.au

    #1036429
    Anonymous
    Guest
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    Hi there IP Guy,

    Nice to meet you, and thanks for coming to say g’day.

    We’d love it if you’d stick around, so please feel free to pop over to the http://www.flyingsolo.com.au/forums/new-member-introduce-yourself/ section of the forum and share a little about yourself and your business with us.

    Looking forward to getting to know you,
    Jayne

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