Forum Replies Created
May 7, 2019 at 5:51 am #1218504::
I do not know if this image comes out here, but cometimes we can take time out in the tranquillity of the bush when doing our snake handling courses [Mod Edit To Remove Overly Promotional Links] The image I tried to link to was some pristine wilderness spinifex country, in NW Queensland, which besides crawling with wildlife, is in fact a really peaceful place.
(OK the images didn’t come through here so check them out on the snakeman on facebook)May 7, 2019 at 5:41 am #1219848July 27, 2018 at 5:33 am #1215840::
Dear all, this case may interest those here with an interest in trademark infringement matters.
http://www.smuggled.com/Sportsbet-busted-taking-a-gamble-with-snake-man-registered-trademark-owned-by-Raymond-Hoser.htmOctober 21, 2016 at 11:13 am #1201685::
Yes I concur with you JohnW – most apps are crap and I tend to want them off my phone soon after they download themselves …. exceptions are rare.
All the bestOctober 18, 2016 at 7:10 am #1202387::
Typical government actions – just after you get used to things, they go and change it all!
All the bestOctober 4, 2016 at 12:55 am #1201727::
Dear all, best case scenario is 7.5 months from application to registration.
Also there are many different types of trademarks (logo (with or without words), word only and others.
The gold standard is usually the “words only” ones, but they are usually hardest to register.
Most people go online apply and get it all wrong – and then have a lot refused and/or useless trademarks registered.
See someone who knows about these things BEFORE taking the plunge, e.g. Jacqui Pryor, who posts here a lot.October 4, 2016 at 12:51 am #1201888::
To the OP, go with Jacqui’s advice as she is spot on with it …
All the bestAugust 26, 2016 at 3:40 am #1200382::
Ok, I cannot dispute any of the advice above, but I do offer some counter advice that may or may not be used by you or others reading this when choosing new business names.
Over the last 40 years I have noticed a massive dumbing down of people and customers (same thing?).
In years past, people recognized and remembered brands and that was fine. Nowadays people are so overloaded with information that they have trouble remembering most things, including brand names. But so far they still remember the names of products they seek (e.g. skin care).
Added to this is the thing called Google which now permeates every aspect of our lives, including online and search and people often search for a product type rather than a brand.
This most people do several times a day and even via their “smartphones”.
Notwithstanding never ending changes in algorithms, long term an exact match brand name or domain, is more likely to be found than a disconnected made up name (everything else being equal) (e.g. XXXskincare dot com versus XXXagwapswkksksks dot com).
So you may want to ask yourself, how much of your business and repeat business do you hope to get from online search and if it is a significant amount, then you may want to look at getting a domain and/or brand name that incorporates exactly what you sell to make it easier for people to find you.
All the bestAugust 16, 2016 at 8:29 am #1199901::
Thanks to both above – many heads make light work – all the bestAugust 15, 2016 at 11:54 am #1199898::
Jacqui thanks for the reply.
Also thanks for the offer of help, but I’ll run through it again (and keep your invite open and probably call in a few weeks with some other unrelated queries).
In terms of the case in question, the person is definitely using the ® symbol and not TM. And they do not own any registered trademarks.
As for me taking action against them, there is no real point in that I am not suffering in any way from their actions (other businesses are, but to the extent that A/ it is their problem and B/ I am snowed under under several fronts, I wouldn’t bother pursuing them for no obvious benefit.
I have been gathering evidence for an unrelated series of trademark cases involving our registered trademarks and hope to post something of relevance and interest on those matters on FS forums shortly (time line of next few months). All the bestAugust 15, 2016 at 5:25 am #1199896::
Thanks again – the case I have in mind is a business in our area, but not actually using our trademarks (so far so good). What they are doing is claiming ownership of registered trademarks that they do not own (or anyone else as they are generic phrases). They applied for them a long time ago and were refused and yet post on their site that they own them….
(It doesn’t actually impact on us as we do not use the said phrases – others do)
All the bestAugust 13, 2016 at 11:49 pm #1199894::
You appear to have misread my query (above) as it does NOT relate to person/s using my trademark/s.
What I have in mind is the following scenario.
A person applies for one or more trademarks (to register) and as the phrases are generic, they are refused (as they should be).
The person then advertises all over the place, including their webpage that they own the registered trademark/s with explicit statements to this effect and the R symbol wherever the phrase/s are used.
No trademark owner is affected, but the trader is engaging in misleading and deceptive conduct, which is something the police and ASCC and ASIC in theory should be stopping – and also potentially illegally stopping others from using phrases they are entitled to.
All the bestAugust 12, 2016 at 11:39 am #1199891::
Thanks – but yes I am in the situation where when I have complained to authorities (Fed pol / ACCC / ASIC), they simply came back and said words to the effect of “we don’t care about it”.
Hence my question.
On a related matter, I complained to the ACCC in 2006 about a company claiming to be the best at what they do (our business) and backed this up with testimonials spanning 30 years.
But the company had only been in business for a month and the testimonials had all been fabricated!
I gave the evidence of the fake testimonials and the like to all the “appropriate authorities” and while all agreed with my evidence, (It couldn’t be refuted) none were interested in the matter at all.
All the bestAugust 12, 2016 at 6:20 am #1199889::
Jacqui you mentioned it was illegal to display the R symbol for unregistered trademarks. The question I have is …. are you aware of a single prosecution for this offence? (as I see it being done regularly).
Thanks in advance.July 29, 2016 at 12:55 am #1198238::
Yes the previous posters are correct – but what hasn’t been mentioned and is often overlooked is the “examination” process for trademarks before they get registered.
The trademarks office tend to approve to register so-called logo trademarks more readily than “words only” ones.
They may also demand “evidence of use” before letting the trademark through for registration.
Most trademark applications are refused in the first instance and many cannot get past the objections from IP Australia.
In other words, before jumping online and applying for one or more trademarks, do a little homework first and check the likelihood of the applied for mark being approved and also perhaps considering enhancing your chances of success by getting “evidence of use” before you apply, as usually they ignore any such use after the application date.
Not all applications for trademarks go straight through unopposed and within the minimum 7.5 months. Some take years. To get an example of what I mean look up the Australian words only trademark “Australia’s best reptiles”, check the “history” for it and you get an idea of what I mean. That one took over 2 years to go through after being applied for.
All the best