Trademark News & Information

Trademark Registration Australia – ATMO Decisions – April 2013

Trend Windows & Doors Pty Ltd v Saint-Gobain Glass France [2013] ATMO 21 (3 April 2013) Trend (represented by Gerard Skelly) successfully defended its registrations for the Quantum word and logo trade marks in respect of non-metallic windows and doors against a challenge on the ground of non-use by Saint-Gobain Glass. The Registrar’s Delegate was […]

Trademark Registration Australia – ATMO Decisions – March 2013

Toddler Kindy Gymbaroo Pty Ltd v Gym-Mark, Inc [2013] ATMO 15 (1 March 2013) Successful application by Gym-Mark for partial removal of the GYMBAROO trade mark registration on the ground of non-use. This case turned on its particular facts, but the Registrar’s Delegate did express the opinion there is no principle of general application in […]

Trademark Lawyer Australia- Parallel Imports – Grey Goods

Parallel importers proceed at their own risk Paul’s Retail Pty Ltd v Sporte Leisure Pty Ltd [2012] FCAFC 51 (11 April 2012) Paul’s Retail Pty Ltd v Lonsdale Australia Limited [2012] FCAFC 130 (11 September 2012) These two full Federal Court cases highlight the problems faced by businesses seeking to import and sell genuine products […]

Trademark Attorney Australia – Changes to Trade Mark Law 15 April 2013

Changes to Australian trade mark law take effect from 15 April 2013 The changes to Australian trade mark law arising from the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 take effect from 15 April 2013. The Regulations implementing these changes have been finalised and detailed information is available from the IP Australia website […]

Trademark Registration Australia – ATMO Decisions – February 2013

1-800-FLOWERS.COM, Inc. v Flowerscorp Pty Ltd [2013] ATMO 11 (5 February 2013) Successful non-use application for removal of a registration for a composite trade mark containing 1800-FLOWERS for services including the retailing, delivery and arranging of flowers in classes 35, 39 and 42. The Delegate did not accept use of the phone name 1-800 – […]

Trademark Lawyers Australia – Federal Court – Cantarella

Cantarella Bros Pty Limited v Modena Trading Pty Limited [2013] FCA 8 (13 February 2013) Cantarella Bros Pty Limited v Modena Trading Pty Limited (No 2) [2013] FCA 130 (25 February 2013) Modena’s use of ORO and CINQUE STELLE for coffee infringed Cantarella’s trade mark registrations for these words. These were valid registrations despite being […]

Trademark Lawyers Australia – Federal Court – PopCorners

Snack Foods Limited v Premier 1st Pty Ltd [2013] FCA 135 (25 February 2013) Unsuccessful application for interlocutory injunction to restrain use of the trade mark POPCORNERS for corn based snack food products based on prior trade mark registration for POPPED CORNERS. The applicants established a prima facie case for infringement, but the respondents had […]

Trademark Registration Australia – ATMO Decisions – January 2013

Scotch Whisky Association v Jin Ho Lee and Myong Gil Lee [2013] ATMO 1 (9 January 2013) Successful opposition to registration of a trade mark for a label containing the word McDowell’s for whisky in class 33 based on lack of intention to use. The evidence disclosed a pattern of the Applicants applying to register […]

Trademark Lawyers Australia – Federal Court – Sunny Roo

SMA Solar Technology AG v Beyond Building Systems Pty Ltd (No 5) [2012] FCA 1483 (21 December 2012) Respondents’ use of SUNNY ROO, SUNNY ROO PRODUCTS and two logos containing SUNNY ROO FROM BYRON BAY and SUNNY ROO AUSTRALIA for solar inverters and closely related installation services infringed the applicant’s trade mark registration for SUNNY […]