Trademark News & Information

Trademark Lawyer – Federal Court – OPTUM

Singtel Optus Pty Limited v Optum Inc [2018] FCA 575 (1 May 2018) Unsuccessful appeal by Singtel against a Trade Marks Office decision rejecting its oppositions to applications for trademark registration of the OPTUM word mark (filed on 21 July 2011) and the OPTUM logo mark (filed on 29 July 2011) shown below for various […]

Trademark Registration – ATMO Decisions – April 2018

AEGIR MARINE PTY LTD v AEGIR-Marine B.V. [2018] ATMO 45 (3 April 2018) Successful opposition by Aegir Marine Pty Ltd to an application for removal of its trademark registration for AEGIR MARINE Logo alleging non-use for the three years period ending on 23 July 2016 for various goods and services in classes 9, 41, 42 […]

Trademark Registration – ATMO Decisions – March 2018

SG Fleet Australia Pty Ltd v Mark Telfer [2018] ATMO 31 (3 March 2018) Unsuccessful opposition by SG Fleet to an application for removal of its trademark registration for NOVALEASE covering finance services for motor vehicle fleets in class 36 alleging non-use during the 3 year period ending on 7 March 2016. Both parties filed […]

Trademark Lawyer-Full Federal Court-Pacific Ale Appeal

Stone & Wood Group Pty Ltd v Intellectual Property Development Corporation Pty Ltd [2018] FCAFC 29 (9 March 2018) Unsuccessful appeal by Stone & Wood. The Full Court upheld the primary judge’s finding of no misleading or deceptive conduct and passing off. The primary judgement is reported here . Stone & Wood operate breweries in the […]

Trademark Lawyer – Federal Court – Bohemia Crystal

Bohemia Crystal Pty Ltd v Host Corporation Pty Ltd [2018] FCA 235 (6 March 2018) This was a comprehensive loss for the applicant, Bohemia Crystal. Not only did it fail to establish any cause of action against Host but, in the process of attempting to do so, its trade mark registrations were invalidated. This case […]

Trademark Registration – ATMO Decisions – February 2018

Irene Notaras v Barcelona Pty Limited [2018] ATMO 12 (1 February 2018) Unsuccessful opposition by Notaras to an application for trademark registration of ATOMIC filed on 8 April 2015 for various bags and packaging in class 16, cups and containers in class 21, foods in classes 29 and 30, coffee grinding and roasting services in […]

Trademark Registration – ATMO Decisions – January 2018

Intercast Europe Srl v Next Holdings Limited [2018] ATMO 1 (9 January 2018) Unsuccessful opposition by Intercast Europe to an application for trademark registration of the word mark NEXT filed on 13 October 2009 for various goods and services in classes 9, 14, 18, 25 and 35. Under the s44 ground, the opponent relied on […]

Trademark Lawyer-Full Federal Court- Anchorage Appeal

Anchorage Capital Partners Pty Limited v ACPA Pty Ltd [2018] FCAFC 6 (2 February 2018) This was a largely unsuccessful appeal by Anchorage Capital Partners Pty Limited (appellant); although it was partly successful on the issue of costs. There was also a successful cross-appeal by ACPA and its US parent company (respondents). The decision of […]

Trademark Lawyer – Federal Court – Mcqueen Appeal

Autumnpaper Ltd v Metropolitan Investment Group Pty Ltd [2017] FCA 1578 (8 December 2017) This case concerned an appeal by Autumnpaper against a Registrar’s decision refusing registration of its application for trademark registration of the word mark Mcqueen on the ground of non-distinctiveness under s41 following an opposition by Metropolitan. Metropolitan took no part in […]