30/01/06
UGH-BOOTS gets the boot!

Who owns UGG, UGH, or UGH-BOOTS?   NOBODY!
In a recently handed down decision by the hearing officer Ian Thompson, the Registrar directed that the registered mark UGH-BOOTS be removed from the register on the grounds of non-use during the last three years. Moreover, the hearing officer observed that the words “UGG” and “UGH” had become generic in relation to sheepskin boots. Full decision available on the IP Australia website.



A comprehensive trade mark search is the crucial first step before adopting a mark to determine availability and to assess risks of infringement and conflict.

To forego a search prior to launching or expanding your brand is to flirt with danger.
Creating and developing a new brand or business identity involves significant effort and expense. To forego an availability search before launching a trade mark is to flirt with risk.

An intended search will determine whether your trade mark is available for registration and is free to use without a threat of infringement.

A “sign” can be barred from use and registration by an existing identical or confusingly similar trade mark or an unregistered common law right acquired through use of a similar mark, company or business name.

Searches are cost-effective risk eliminators that assess:

  • Availability
  • Registrability
  • Potential Conflict

Building a brand identity should start with comprehensive investigations to expose potential problems before investing valuable time and money in developing a “sign” that could breach an existing right.

Note: Use of a registered business name could infringe a prior registered trade mark.




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