Australia: Trademark

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.

Australia | Brand Clearance Searches: The New Non-negotiable

Following the High Court's clarification in Zip Co Limited v Firstmac Limited, Australian businesses face heightened expectations for conducting thorough trade mark searches before brand adoption.

SF

Spruson & Ferguson

Insight Alert - Trends In IP Filings In Australia

IP Australia has released its annual Australian IP Report (Report), analysing 2025 filing data for patents, trade marks, design rights and plant breeder’s rights and identifying trends in Australia’s intellectual property (IP) landscape and economy more broadly.

KL

Herbert Smith Freehills Kramer LLP

Current Trends In IP Filings In Australia

IP Australia's 2026 Australian IP Report reveals record-breaking trade mark and design filings, shifts in international application patterns, and the growing influence of AI and energy technologies on Australia's intellectual property landscape. The report demonstrates strong links between IP rights ownership and economic benefits for Australian businesses, particularly in early-stage ventures and design-intensive sectors.

KL

Herbert Smith Freehills Kramer LLP

Killer Queen ‘Killed Off’ – Katie Taylor Outduels Katy Hudson In Epic Katie(y) Perry Trade Mark Battle

On 11 March, the High Court of Australia delivered its judgment in Taylor v Killer Queen LLC [2026] HCA 5. The judgment marks essentially the final chapter in the long-running trade mark battle between Katie Jane Taylor, an Australian fashion designer trading under the name “Katie Perry”, and Katheryn Hudson, the internationally renowned pop star known as “Katy Perry”. For a history of the dispute and Full Federal Court decision.

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Bartier Perry

Hi, My Name Is … Swim Shady? A Recent Setback In Eminem’s Global Trademark Enforcement Efforts Clears The Way For An Australian Beachwear Brand

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Seyfarth Shaw LLP

Beyond The Seed: Why Plant Breeders’ Rights Matter

PA

Piper Alderman

Counterfeit Imports – Tougher Penalties At The Border

PP

Pointon Partners

No shade, but the evidence was slim | Eminem suffers first loss in trade mark saga

SF

Spruson & Ferguson

Will The Real Swim Shady, Please Stand Up?

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Boult Wade Tennant

IP ENSight | July 2026

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ENS

Business Name vs Trade Mark | Key Differences Australian Business Owners Need To Know

SF

Spruson & Ferguson

Developing Coordinated IP Strategies And Enforcing Patent Rights In International Markets With Gary Cox (Podcast)

NG

Nyemaster Goode

Goodwill, Bad Faith, And Blue Carbon: A Tale Of Institutional Ownership In Deakin University v Macreadie

PA

Piper Alderman

New EU Free Trade Agreement Brings Additional Naming Limitations

CG

Clifford Gouldson Lawyers

Essential ESG: Episode 32 – ESG Litigation Trends And What They Mean For Australian Businesses (Podcast)

Australia Litigation

CC

Corrs Chambers Westgarth

Coalition Budget Reply: Cut Migration To Align With Housing And Restrict Welfare

Australia Immigration

IL

Interstaff Immigration Agency

Goldfields DAMA Transition To WA DAMA Delayed To 31 December 2026

Australia Immigration

IL

Interstaff Immigration Agency

Australia’s Visa Processing Priorities: Sponsored Regional Work, Healthcare And Teaching

Australia Immigration

IL

Interstaff Immigration Agency

Inside IR Podcast Series - Episode 32: Enterprise Agreements, Disputes And The Status Quo - Is Complexity Holding Employers Back? (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Five Reasons Every Business Should Consider Design Registrations | Tips From An IP Dispute Lawyer

Design registrations remain one of the most underutilized intellectual property tools, yet they offer businesses fast, affordable protection against competitors copying product designs. With record-high filings in 2025 and major brands increasingly relying on them, understanding why design registrations outperform patents, trademarks, and copyright in protecting visual product features could be the competitive advantage your business needs.

SF

Spruson & Ferguson

What Are The 5 Key Steps To Protect Your Business Brand?

Copyright protection in Australia is automatic under the Copyright Act 1968 (Cth) for original works, but trade marks must be actively registered and defended, as the owner is responsible for monitoring the market and taking action against infringement.

L

LegalVision

Zipped Up: High Court Of Australia Confirms Narrow Application Of Honest Concurrent Use Defence To Trade Mark Infringement

In Zip Co Limited v Firstmac Limited [2026] HCA 16, the High Court of Australia has delivered a much-anticipated decision on the application of the honest concurrent use defence to trade mark infringement under s 122(1)(fa) and s 44(3)(a) of the Trade Marks Act 1995 (Cth) (Act).

KL

Herbert Smith Freehills Kramer LLP

Australia | High Court Dismisses ZIP V Firstmac Appeal

This is a significant result for registered rights owners and for the law of trade marks in Australia, affirming the protection afforded to registered trade mark holders against concurrent users who cannot demonstrate...

SF

Spruson & Ferguson

IP Australia 2026 Intellectual Property Report

SF

Spruson & Ferguson

When “Honest Use” Isn’t Enough: What The High Court’s Zip V Firstmac Decision Means For Your Brand

CG

Coleman Greig Lawyers

Pointon Partners Selects Questel’s Markify Platform To Screen And Monitor His Brand And Trademark Rights Effectively

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Questel

Australia | (Coffee) Grounds Of Appeal: Trade Mark Victory For Black Star Pastry

SF

Spruson & Ferguson

Popstar Katy Perry Loses To Katie Perry, Fashion Designer, In Trademark Dispute

European Union IP

NG

Novagraaf Group

Katy And Katie : The Fashion Designer And The Pop Star

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ENS

Amazon Brand Registry: The Trade Mark Tool You’re Overlooking

CG

Clifford Gouldson Lawyers

Bed Bath ‘N’ Table V GRBA: When Similar Trade Marks Become Misleading

CG

Coleman Greig Lawyers

Trade Mark Risk In Product Launches: Court Orders Withdrawal Of 47,000 Gift Cards

CG

Clifford Gouldson Lawyers

Katy Perry verliest van Katie Perry: High Court begrenst merkreputatie

European Union IP

NG

Novagraaf Group

Amazon Brand Registry: The Trade Mark Tool You’re Overlooking

Large corporates have taken big slices of the e-commerce retail pie, but Amazon stands out as a company committed to protecting the intellectual property rights of its sellers, and even its non-sellers.

CG

Clifford Gouldson Lawyers

Bed Bath ‘N’ Table V GRBA: When Similar Trade Marks Become Misleading

A recent High Court of Australia decision has highlighted the important distinction between trade mark infringement and misleading and deceptive conduct under Australian Consumer Law (ACL).

CG

Coleman Greig Lawyers

Trade Mark Risk In Product Launches: Court Orders Withdrawal Of 47,000 Gift Cards

When launching a new product, branding is often treated as a marketing decision. This case is a timely reminder that it is also a legal risk decision, and missteps can be swift, disruptive and costly.

CG

Clifford Gouldson Lawyers

Katy Perry verliest van Katie Perry: High Court begrenst merkreputatie

The Australian High Court has ruled that popstar Katy Perry's global fame does not automatically extend trademark reputation to clothing products. This landmark decision favors fashion designer Katie Perry, who registered her trademark in 2008, and establishes important boundaries for trademark reputation claims across different product categories.

European Union IP

NG

Novagraaf Group

IP Australia Releases Consultation Paper On IP Reforms

KL

Herbert Smith Freehills Kramer LLP

Fashion designer wins: What the Katy Perry v Katie Perry decision means for Australian trade mark owners

The case concerned whether the Australian designer's registered trade mark "Katie Perry" for clothing should be removed from the Trade Marks Register due to the prior reputation of the singer's stage name "Katy Perry".

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Pointon Partners

Composite Trade Marks: Are they F[y]re-Proof?

This decision serves as a reminder that a registered mark may be used "within" a composite mark, and this can, in certain circumstances, still constitute "use" for the purposes of defeating removal application for non-use.

PA

Piper Alderman

Strategies and Lessons Learned from Recent Trademark and Counterfeiting Dispute Cases Regarding Temporary Injunctions

The FC recently considered 2 TM injunction cases reaching different outcomes based on the strength of evidence, TM rights & timing of the applications.

SF

Spruson & Ferguson

High Court hands down landmark trade mark decision in Katie Perry V Katy Perry saga

High Court hands down landmark trade mark decision in Katie Perry V Katy Perry saga

SF

Spruson & Ferguson

近期商标和假冒纠纷案例中临时禁令的策略和经验教训

SF

Spruson & Ferguson

High Court Hands Down Landmark Trade Mark Decision In Katie Perry V Katy Perry Saga

SF

Spruson & Ferguson

"Sangaweech" – When A Playful Sandwich Name Becomes A Serious Trade Mark

Australia International

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Holman Webb Lawyers

Strategy and lessons from recent interlocutory injunctions in trade mark and passing off disputes

SF

Spruson & Ferguson

Trade Mark Protection For Alcoholic, Low Alcohol And Non-Alcoholic Beverages: Some Key Considerations

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Madderns Patent & Trade Mark Attorneys

Filing requirements for Australian trade marks: A guide for foreign applicants

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Madderns Patent & Trade Mark Attorneys

Practitioners must keep pace with SE Asia's IP modernisation

SF

Spruson & Ferguson

Jacksons Drawing Supplies Pty Ltd V Jackson's Art Supplies Ltd (No 2) [2025] FCA 1127

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Pointon Partners

Reputation (High Court's Version): Bed Bath 'N' Table v Global Retail Brands Australia

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K&L Gates LLP

AI can now impersonate you better than most humans. Who owns that version of you?

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Madderns Patent & Trade Mark Attorneys

Can you take your trade mark with you when selling or manufacturing in another country?

SF

Spruson & Ferguson

Mistakes to Avoid Losing Your Trade Mark

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LegalVision

Non-traditional trade marks

MP

Madderns Patent & Trade Mark Attorneys

The Importance of Protecting Your Brand Overseas

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LegalVision

When fitness meets IP: Can you trade mark an exercise move?

SF

Spruson & Ferguson

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Latest Videos

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Insights into the world of Intangible Assets, with Joel Hanrahan, Managing Director, EverEdge Global.

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Cathro & Partners

Breaking Brexit down: Trade Marks (VIDEO)

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Corrs Chambers Westgarth

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