The head of Middletons Intellectual Property and Innovations
team, Tony Watson, says that many Australian designers are
failing to adequately protect their brands in Australia and
overseas. In addition, many Australian designers are not aware
that many of their signature marks such as pocket stitching on
jeans and the shapes of their perfume bottles can be protected
through trade mark registrations.
The Middletons Fashion Law Breakfast Feeling Exposed on
Tuesday 4 March will look at the ways in which Australian
designers can protect their brands and their signature products
through trade mark registrations both in Australia and
"Many designers in the fashion industry are also
exporting products overseas but they are not seeking
registration of trade marks for their brands overseas,"
"It is also common for designers to establish a brand
in Australia and then face difficulties in registering their
marks overseas when their brand expands some years later.
"The most common difficulties faced by designers when
they expand overseas is that the name of their brand has either
been registered by someone else or their brand is similar to a
trade mark already registered in that jurisdiction. It is
important for brand owners to consider filing overseas trade
mark applications at the same time when they file their
Australian trade mark applications."
"In recent years, we are also seeing more and more
brands being ripped off by counterfeiters. However, we have
seen the amount of counterfeit product of our clients'
brands in the marketplace with the introduction of Customs
Program for our clients. These brands include Diesel, G-Star
Converse and Ugg.
"We have found that a Customs Program is a cheap and
effective way of having counterfeit product seized at the
border before it is released into the
Middletons' Fashion Law Breakfast Feeling Exposed is
part of the L'Oreal Melbourne Fashion Festival and takes
place on Tuesday 4 March at Middletons' Melbourne
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