The “MOBILE SKIPS” case is a major reminder for SMEs: if your brand name describes your product, you may never be able to own it. Distinctive names win. Descriptive names lose.

Many business owners don’t realise that owning (or even applying for) an Australian trade mark can give you eligibility to register a matching .au domain name. Under the auDA Licensing Rules, a trade mark owner can rely on their trade mark to meet the “Australian Presence” requirement but only if the domain name is an exact match of the words in the trade mark.

Conducting a trademark search is one of the most important steps a business can take before launching a new brand name, product name, or logo. While many business owners assume that checking domain names, social media handles, or business name availability is enough, these checks do not confirm whether a trade mark is legally available.

The BRACKET BUDDY v PLATEMATE opposition provides a clear and practical illustration of how Australian trade mark law evaluates distinctiveness, similarity, reputation, and allegations of bad faith. Acting for BRACKET BUDDY, we saw first hand how the statutory tests under ss 41, 44, 60 and 62A of the Trade Marks Act 1995 (Cth) are applied in real‑world disputes. At the heart of this case was an attempt by the owner of PLATEMATE to prevent BRACKET BUDDY from registering its tr

Many business owners wait until a problem arises before seeking trade mark advice — often after investing heavily in branding, marketing, and customer recognition. However, trade mark advice is most valuable much earlier in the business lifecycle.

Online marketplaces have made it easier than ever to purchase existing trade marks — but convenience often masks significant legal risk.

Eurotainer objected to the registration of Rotainer as a trade mark. The Australian Trade Mark office said that Eurotainer was not too similar to Rotainer.

There are three essential components every business must prepare before lodging an application with IP Australia: the trade mark itself, the goods and services list, and the applicant details.

Intellectual property scams are becoming increasingly sophisticated, with trade mark owners frequently targeted by misleading emails, letters and invoices. These communications often look legitimate, using official-sounding language, logos and urgent deadlines to prompt quick action. At Promarq, we regularly assist clients in identifying and responding to suspected trademark scams.

One of the most frequent issues is choosing a mark that lacks inherent distinctiveness. Descriptive names, those that directly reference the quality, purpose, or characteristics of a product, commonly face objections under section 41 of the Australian Trade Marks Act. While such names may feel commercially appealing, they are often difficult to protect.

For many small businesses, a brand represents years of hard work, reputation building, and customer trust. Trade mark registration ensures that this investment is legally protected.

In Australia, trademarks follow a clear timeline: filed and numbered on day one, examined after two months, accepted and advertised around 5½ months, and registered with a certificate at about 7½ months if no objections. A trademark agent manages each stage to keep your brand secure.

Many business owners assume that registering a business name or company name gives them ownership of their brand. It doesn’t. A business name simply tells the public who is behind the business. A company name creates a legal entity. Neither gives you exclusive rights to your brand.

The SAEEYCUE case is a reminder that trade marks aren’t just about creativity — they’re about ownership, honesty, and timing. If someone else used the name first, or if your filing pattern looks suspicious, your application can be opposed on the grounds of bad faith

Only a Registered Trade Mark Attorney has the legal authority, training, and regulatory oversight required to provide trade mark advice in Australia.