Qantas was powerless to stop a businessman (Mr Edwards) from registering a trademark for a similar kangaroo logo for clothing products (in 2016).
So how did this happen?
Qantas did not trademark clothing (t-shirts) etc for its kangaroo logo trademark which in turn allowed opportunity for Mr Edwards to gain approval for a trademark for a similar kangaroo covering clothing.
This is an example of how businesses try to save money or fail to regularly engage Trademark Attorneys AFTER a trademark is Registered.
Trademark Attorney audits should be booked by your business each year (as a minimum) to identify if your changing business goods/services/solutions require additional trademark protection.
Audits can be booked here.
How should you view trademarks?
A trademark should be looked at as protecting a “snapshot” of your business ONLY FROM THE DATE IT IS ANALYSED by your Trademark Attorney.
Contrary to belief, expansion products and services are NOT automatically covered or included.
It is similar to vehicle insurance, where you fit modifications such as a bull-bar, roof racks, expensive stereo, exhaust etc, but forget to notify your insurance provider (akin to your Trademark Attorney). Your modifications are not covered when there is an accident!
TAKE HOME MESSAGE
- Ensure your trademark is lodged by a Trademark Attorney.
- Ensure your trademark is routinely reviewed to that of your business (website etc) and lodge additional trademark applications as required.
What’s the role of IP Australia?
IP Australia do not check your goods/services against your business.
They also will not contact you if your trademark protection is inadequate. Importantly, you may be leaving gaps which can be exploited by competitors and limit or remove your ability to enforce.
Contact our Trademark Lawyers today to have an audit.
