Maygust Trademark Attorneys, Unit 18, 19-27 Moore Road, Vermont (2026)

10/04/2026

🎉 Congratulations!

We're thrilled to share that the trade mark of our client from Malaysia has now been officially registered in Australia by IP Australia.

This registration covers:
Class 8 – Hair clippers, trimmers, curling irons, straightening irons, crimping irons, hair styling irons, hair razors, scissors and other electric and non-electric hair implements.
Class 11 – Hair dryers, hair driers for commercial and household use, hair steamers and towel steamers for hair salons.
Class 35 – Online and in-store retail and wholesale services for hair care implements, beauty products, personal care and wellness products.

✨ This registration strengthens our client's brand protection in Australia and supports their long-term business growth in the hair care and beauty industry.

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💡 Did you know?

The hair care and beauty industry is one of the most competitive markets in Australia. If you manufacture or distribute hair tools, salon equipment, or beauty products — and you're looking to expand into the Australian market — registering your trade mark early is one of the most important steps you can take.

It protects your brand name and logo from being used by competitors, and gives you the legal foundation to take action if someone copies your brand.

Thinking about protecting your brand in Australia or New Zealand? We'd love to help.

📩 www.maygusttrademarks.com.au
Email: [email protected]

19/12/2025

Wishing you a Merry Christmas and a happy New Year.
Thank you for your trust and support throughout the year.
We look forward to working with you again in the year ahead.

10/10/2025

/Monster Energy opposition against “M MONSTER GARAGE” failed in Australia/

On 1 September 2025, IP Australia rejected Monster Energy Company’s opposition to TM Storage Place Pty Ltd’s trade mark application No. 2296156 (classes 12, 25, 35, 37, 42). The mark will proceed to registration.

📘 Background
- Applicant: TM Storage Place Pty Ltd (vehicle parts, wheels, apparel; retail/repair/design services).
- Opponent: Monster Energy Company (extensive MONSTER/MONSTER ENERGY/M-icon portfolio and promotions in Australia).

📘 Key issues – similarity & reputation
- Monster relied on ss 44, 60, 42(b), 62A.
- The applied mark is a composite: stylised M, MONSTER, GARAGE, on a vehicle grille device.
- Monster’s strongest reputation was in MONSTER ENERGY and the M-icon for energy drinks, not in the word MONSTER alone for vehicle goods/services.

📘 Arguments
- Opponent: Prior marks, vast sales/sponsorships; claimed deceptive similarity and likely confusion (and ACL/bad faith angles).
- Applicant: Longstanding MONSTER use for wheels/tyres (Bob Jane T-Marts ecosystem), distinct composite logo; different market context.

📘 Decision
- Section 44: Not deceptively similar—composite elements (M, GARAGE, grille device) create a distinct overall impression; MONSTER can be descriptive for class 12/off-road context.
- Section 60: Reputation shown mainly in MONSTER ENERGY/M-icon for energy drinks; insufficient nexus to applicant’s vehicle goods/services; no likely confusion.
- Section 42(b) (ACL): Fails where s 60 fails.
- Section 62A (bad faith): Not made out.
➡️ All grounds failed; application to proceed.

📘 Lessons
- Reputation must match the mark relied upon; fame in a different composite (e.g., MONSTER ENERGY + claw) may not carry to MONSTER alone.
- Descriptive/common elements (e.g., “MONSTER” for vehicle themes) weaken similarity arguments.
- Composite/device marks are assessed as a whole; extra word/device elements matter.
- Market separation counts: energy drinks vs. vehicle parts/services reduced confusion risk.
- ACL & bad faith add nothing if core similarity/reputation nexus is weak.

❓ What do you think? Would Monster have fared better if the applicant’s mark omitted “GARAGE” and grille device, or if Monster proved strong reputation in MONSTER alone beyond beverages?
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I’m Ngan — a Trade Mark Attorney based in Australia. I support foreign agents and their clients with oppositions, prosecution strategy, and brand protection across Australia & New Zealand.

📩 [email protected]

03/10/2025

🎉 Congratulations! 🎉

We’re delighted to share that the trade mark of our client from Singapore has now been officially registered in Australia by IP Australia.

This registration covers:
Class 6 – Safety cash boxes, safe deposit boxes, metal locks and locking mechanisms, padlocks, security lock cylinders, and other secure storage solutions.
Class 9 – Biometric locks, smart locks, digital and electronic locks, fingerprint and wireless padlocks, electromagnetic and RF-controlled locks, and other advanced locking technologies.

✨ This milestone strengthens our client’s brand protection in Australia and supports their long-term business growth in the security and smart-lock technology market.

💡 Protecting your intellectual property isn’t just about compliance — it’s about building trust, securing your innovation, and creating a strong foundation for expansion.

17/09/2025

We are always delighted to receive such wonderful feedback from our clients.

Your trust and kind words motivate us to keep doing our best every day.

Thank you for being part of our journey – we look forward to continuing to protect and grow your brand with you.

04/09/2025

/Ayam Prevailed in Opposition Against “Golden Roster” in Australia/

On 19 August 2025, IP Australia refused the “Golden Roster” trademark (No. 2296775) after opposition by Ayam S.A.R.L.

📘 Background
-Applicant: Alpha Oriental Traders (Classes 29, 30, 32)
-Opponent: Ayam S.A.R.L., owner of AYAM BRAND (in Australia since 1986, 60M+ products annually, strong reputation in Asian foods).

📘 Key issue – the rooster device
Both marks featured a rooster emblem. Ayam argued that long-standing use, extensive sales, and brand recognition meant “Golden Roster” was likely to confuse consumers.

📘 Arguments
-Opponent (Ayam): Strong reputation, visual similarity of rooster devices, and overlap in food products. Ayam noted that the rooster device in the contested mark shared key features with its own: a left-facing, realistic rooster within a circular emblematic seal. These elements created a degree of similarity despite differences in wording.

-Applicant (Alpha): Claimed that many other brands also used rooster logos. Notably, Alpha did not appear at the hearing to defend its case.

📘 Decision
IP Australia agreed: the realistic left-facing rooster in a circular seal was deceptively similar to Ayam’s logo. With overlapping goods in fast-moving consumer products, there was a real risk of confusion. The application was refused under Section 60 (reputation ground).

📘 Lessons
-Reputation evidence is decisive (sales, ads, surveys).
-Consumer behaviour matters – FMCG purchased with little care increases confusion risk.
-For foreign agents: device elements are critical in Australia. Always prepare a strategy for Section 60 objections.

📘 My perspective
Reputation grounds are powerful in Australia. Minor differences or use of common motifs will not guarantee registration.

❓ What do you think of IP Australia’s decision in this case? Would the outcome likely be the same in your jurisdiction? For more details, check the link in the comments.

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I’m Ngan — a Trade Mark Attorney based in Australia. I support foreign agents and their clients with oppositions, prosecution strategy, and brand protection across Australia & New Zealand.

📩 [email protected]

02/09/2025

🎉 Congratulations! 🎉

We’re delighted to share that the trade mark of our client from Russia has now been officially registered with the New Zealand Intellectual Property Office (NZIPO).

This registration covers:

Class 9: Downloadable mobile applications for games with animated characters and temporary tattoos with AR; downloadable image files, animated cartoons, graphics for mobile phones – all for use with temporary tattoo decals.

Class 16: Pictures, comic books, flyers, stickers, decals being temporary tattoos, tattoo transfers, paper or cardboard labels.

Class 28: Portable games and toys with telecommunication functions, trading cards, game consoles, handheld consoles, and apparatus for games – all for use with temporary tattoo decals.

This milestone strengthens the brand’s protection and ensures long-term value in the New Zealand market.

💡 Protecting your intellectual property isn’t just about compliance – it’s about securing your business future.

06/06/2025

✨ TRADEMARKS FILED! 🇦🇺

Another group of trade mark applications successfully filed with IP Australia for our valued clients.

At Maygust Trademark Attorneys, we’re proud to help businesses across Australia secure their brands — clearly, efficiently, and at a flat fee.

🔒 Whether you're a startup, growing brand, or established business expanding into new markets, protecting your identity matters.

📩 Get in touch — we're here to help.

29/05/2025

/Isn’t trade mark registration only for big companies?/

That’s what a client asked me.

He runs a 7-figure cleaning services business in Canberra, Australia.

But thought registering a trade mark wasn’t worth it.

Until one question changed everything.
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He said:
“I’m not sure I need to register my brand — I’m not that big yet.”

So I asked:
“What’s your five-year vision?
Do you want to grow, expand — or stay where you are?”

He paused.

Then replied:
“Actually… I’m thinking about franchising.”

That changed the conversation.

Because here’s the thing:
No one will pay to license or invest in a brand the seller doesn’t even legally own.

That’s when it clicked.

Trade mark registration wasn’t just a formality — it was leverage.

He looked at me and said:
“You’re right. Let’s get the trade mark filed.”

These moments are why early advice matters.
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If you're advising founders entering the Australian market —or building your own brand — this is the kind of conversation worth having early.

Have you had clients hesitate to register “until they get bigger”?

What do you say to them?
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I’m Ngan – a trade mark attorney based in Australia.

Helping businesses and foreign agents protect brands across Australia & New Zealand.

13/05/2025

/“It was accepted in the US — why is it refused in Australia?”/

That’s a common question I hear from clients.

Today, one of my clients received an adverse report in Australia for a mark that was previously registered in the United States without issue.

But here's the key point:

📘 Trade marks are territorial.

Every country applies its own laws, tests for distinctiveness, and prior rights.

A successful registration in one jurisdiction doesn’t guarantee the same result elsewhere.

In Australia, IP Australia often takes a stricter view on descriptiveness, Section 44 conflicts (prior marks), and evidence of use.

📘 My advice:
-Don’t assume previous success will carry over
-Review the register and market carefully in Australia
-Where needed, build a strategy for distinctiveness or evidence-based response — early

If you’re an overseas agent looking for a local partner to navigate these issues, I’m always happy to help.

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19/12/2024

🎄✨ Merry Christmas and Happy New Year! 🎉🎅

As the holiday season approaches, we want to take a moment to express our heartfelt gratitude to you, our valued customers. Your support and trust in us throughout the year have been truly inspiring.

We wish you and your loved ones a joyous Christmas filled with love, laughter, and cherished moments. May the new year bring happiness, health, and success to all.

Please note that our office will be closed for the holidays from 23rd December 2024 to 5th January 2025. We'll be back to serve you with renewed energy on 6th January 2025.

Thank you for being a part of our journey. Here's to a bright and prosperous year ahead! 🌟

Warmest wishes,

Maygust Trademark Attorneys

16/12/2024

[Trademarks filed in Australia]🎊

Protecting your brand in Australia? We're here to help!

We're thrilled to announce that we're currently assisting clients with their trademark registrations in Australia, and we'd love to help you too!

👉Today, on 17 Dec, 2024, we're dedicated to providing expert guidance and support to ensure your brand is protected.

🛎Here's why you might choose Maygust Trademark Attorneys:
- Registered with the Intellectual Property of Australia office.
- Personalized consultations and clear communication.
- Dedicated team working to secure your brand protection.
- Simple and transparent process.

🛎Are you a:
- New business owner with a brilliant idea?
- Established brand looking to solidify your presence?
- Current trademark owner needing renewal or enforcement? ️
🛎 We're happy to assist with all your trademark needs!

• Linked in: https://www.linkedin.com/in/ngan-tran-0530343a/
• Instagram: https://www.instagram.com/australiatrademarkattorney/
• Facebook: https://www.facebook.com/thanhngan0308/
• Website: https://www.maygusttrademarks.com.au

Maygust Trademark Attorneys

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