• Commercial & Business Law

    Commercial & Business Law

    We are first and foremost commercial & business lawyers in Melbourne for people.  Our team will work with you to develop, manage and execute your business plan while ensuring you exploit opportunities, manage risks and achieve commercial success.  

  • Dispute Resolution & Litigation

    Dispute Resolution & Litigation

    We are litigation lawyers in Melbourne specialised in commercial litigation and dispute resolution, we appreciate that resolving a dispute requires more than just following court processes. You can trust Taurus to be in your corner, and fight to deliver results.


  • Property & Conveyancing

    Property & Conveyancing

    Enhanced by a wealth of experience, Taurus’ conveyancing lawyers in Melbourne can assist you with all of your conveyancing needs.

    Whether you are selling or purchasing your dream home, we are experienced in handling the conveyance to ensure the smooth settlement of your property.  We successfully perform all steps of your conveyance from reviewing or drafting the Contract of Sale through to confirming settlement has been completed with your real-estate agent.

    We are passionate about providing exemplary personal service to every client and understand that we are here to assist you during one of your most exciting and stressful transactions. We ensure that all of our clients are provided with regular updates and use our own portal allowing clients to login to view the progress of their transaction at any time.

    The conveyancing lawyers at Taurus are registered with PEXA and experts in their field.

  • Intellectual Property

    Intellectual Property

    One of the most valuable assets of any business is its intellectual property. We as intellectual property lawyers Melbourne empower our clients to protect their brand, systems and confidential information by offering them a broad range of legal services related to their IP.

  • Insolvency & Bankruptcy

    Insolvency & Bankruptcy

    We act on behalf of business lawyers, creditors, debtors, and insolvency practitioners in a variety of re-structuring and insolvency matters.

  • Debt Recovery

    Debt Recovery

    We will recover your debts as if they were our own. For many owners, directors, and managers, debt recovery is one of the most confronting and challenging aspects of running a business. It is also crucial to the cash flow of the business, and therefore critical to its financial success.

  • Employment Law

    Employment Law

    We help our clients meet the demands and challenges of managing their workforce.

    We have a team of employment solicitors can assist in any employment law matter ranging from drafting employment agreements to giving termination advice and handling unfair dismissal applications.


Misspelt Trademarks

The Chinese technology giant Huawei Technologies Co Ltd has applied to register trademarks which contain spelling errors of their name ‘Huawei’. The applications include ‘Wuawei’, ‘Wawei’, ‘Huawey’, ‘Huawi’ and ‘Huawe’. In light of these applications and recent trademark trends, we examine whether you can trademark a name which is deliberately misspelt.


We expect Huawei’s purpose is to protect their business interests and brand. With a brand such as Huawei it is common for people to be able to pronounce the business name but have trouble remembering the spelling of it. For these reasons, it is smart for Huawei to trademark as many similar names as possible to ensure another person does not use a similar name resulting in a decrease in sales for Huawei. However, the practice goes against the principles of trademark law which are designed to prohibit a monopoly in the market.

Can a Misspelt Name be Trademarked?

In our view a misspelt name cannot be trademarked as the business is unlikely to be using the misspelt name. Under the Trademarks Act 1995 (Cth) (Act) a trademark is a sign used, or intended to be used, to distinguish goods or services. This means that at the time of applying for the trademark, Huawei must be able to show that they are currently using or intend to use the misspelt versions of their business name. However, even if Huawei are able to have their trademarks registered, it is likely that the trademarks will be removed under the Act by:

  • a third party applying for IP Australia to remove the trademarks for lack of use; or
  • a third party making an application in Court to remove the trademarks on the basis that they could have opposed the trademarks prior to registration pursuant to point (a) above.

Is it Necessary?

It is definitely not necessary to trademark similar names to that of your business. The reason being that a trademark already protects the owner against another person using a substantially identical or deceptively similar mark. Under the Act a mark is:

  • substantially identical when it contains a lot of similarities, particularly if the similarities are in the main features of the trademark; or
  • deceptively similar when it so nearly resembles that other trademark that it is likely to deceive or cause confusion.

It is likely that using a name such as ‘Huawe’ would be found to be substantially identical, if not deceptively similar to Huawei.  However, it is advantageous of Huawei to apply to register the trademarks and save the cost of later proving another name is substantially identical or deceptively similar. Of course, with registering the trademarks, Huawei run the risk of paying legal fees and IP Australia fees for trademarks which will not be registered or are likely to be removed.

If you need assistance registering your trademark, please contact a member of Taurus Legal Management today on (03) 9481 2000.

Posted by Taurus Legal Management