Archive | General trade mark information

Trademark Attorney-Federal Court-Privilege

Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 1241 (19 October 2016) This was an interlocutory application involving a claim to privilege attaching to documents produced under subpoena prior to trial. Significantly, the privilege relied upon concerned s229 of the Trade Marks Act and this is the first occasion in which that provision has […]

Trademark Registration-IP Australia Fee Changes

IP Australia has confirmed fee changes to take effect from 10 October 2016 and 28 October 2016 as summarised below. Trade Marks For trade mark applications filed on or after 10 October 2016, no registration fee will be payable. Filing fees will increase by $130 per class and renewal fees will increase by $100 per […]

Trademark Lawyers Australia – Productivity Commission inquiry into Australian intellectual property system

Following the Harper Review of Australian competition law, the Australian Government has, on 18 August 2015, asked the Productivity Commission to undertake a wide ranging public inquiry over a 12 month period into Australia’s Intellectual Property arrangements, including their effect on investment, competition, trade, innovation and consumer welfare. The terms of reference can be found […]

Trademark Attorney Australia – IP Australia Report 2015

IP Australia Report 2015 IP Australia published its Australian Intellectual Property Report 2015 which can be viewed here . Trade mark filings increased by 2% in 2014. Of these, 65% were filed by Australian residents which is an increase from 2013. Filings from residents of New South Wales and Victoria continue to account for the […]

Trademark Attorney Australia – IP Australia Consultation Paper – Streamlining IP processes

Consultation paper on streamlining IP processes IP Australia has released a consultation paper on proposals to streamline IP processes and support small business. Submissions need to be made by 7 April 2015. The paper discusses various options and proposals including: renewal grace periods, timing of renewals payments, removing the requirement to issue trade mark renewal […]

Trademark Attorney Australia – Extensions to file evidence in opposition proceedings

The demise of extensions for filing evidence in trade mark oppositions IP Australia has clearly signalled that parties in trade mark oppositions can no longer rely on the availability of extensions to file evidence. This significant shift is attributable to the Intellectual Property Legislation Amendment (Raising the Bar) Act 2012 and the accompanying Intellectual Property […]

Trademark Lawyers Australia – High Court – Cantarella

Cantarella Bros Pty Limited v Modena Trading Pty Limited [2014] HCA 48 (3 December 2014) The High Court has handed down its decision in the much awaited appeal as to whether the trade marks ORO and CINQUE STELLE were properly registered by Cantarella for coffee products. The trial judge had previously found the registrations to […]

Trademark Attorney Australia – IP Australia Report 2014

IP Australia Report 2014 IP Australia published its Australian Intellectual Property Report 2014 on 26 April 2014. This report shows that trade mark filings continue to be relatively flat with a minor increase in 2013, particularly due to more classes being covered in applications. Australian residents continue to file the majority of trade mark applications […]

Trademark Lawyer Australia – Licensing Update

Licensing Update Two recent cases have highlighted the need for care when entering into a licensing arrangement. Online sales contrary to exclusive territory In Video Ezy International Pty Ltd v Sedema Pty Ltd [2014] NSWSC 143 (27 February 2014), the Supreme Court has dismissed an appeal by Video Ezy and upheld a Magistrate’s decision finding […]

Trademark Lawyer Australia – Security Interests

Security Interests over Intellectual Property The Personal Property Securities Act 2009 (PPSA) commenced on 30 January 2012 and established a national Personal Properties Securities Register (PPSR). From a security enforcement and priority perspective, the PPSR is the sole register of record in Australia. Certain forms of intellectual property are specifically defined to fall within the […]