Trademark News & Information

Trademark Attorney – Amendments to Trade Marks Act – 25 August 2018

Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (the “IP Laws Amendment Act 2018”) received assent on 24 August 2018. Certain provisions came into force on 25 August 2018 and the remaining provisions will take effect […]

Trademark Lawyer – Federal Court – Judicial Review

Honest Reveira v Registrar of Trade Marks [2018] FCA 1122 (7 August 2018) Unsuccessful application by Honest Reveira for judicial review of a decision by the Registrar’s delegate to allow applications for an extension to file oppositions to non-use removal applications. On 27 August 2017, Honest Reveira filed applications for removal of two trade mark […]

Trademark Lawyer – Federal Court – Caesarstone

Caesarstone Ltd v Ceramiche Caesar S.p.A. (No 2) [2018] FCA 1096 (31 July 2018) This involved an ongoing dispute between Caesarstone Ltd (previously Caesarstone Sdot-Yam Ltd) of Israel and Ceramiche Caesar SpA of Italy concerning three related matters. 1.       An appeal by the Israeli company from a Registrar’s decision upholding the Italian company’s opposition to […]

Trademark Registration – ATMO Decisions – July 2018

Chris Di Lorenzo & Dora Di Lorenzo v Denversian Pty Ltd [2018] ATMO 105 (2 July 2018) Unsuccessful opposition by Di Lorenzo to trademark registration of BLACK SHEEP filed on 10 September 2015 for restaurant, café and bistro services in class 43. This trademark application was accepted with a s44(4) endorsement based on prior continuous […]

Trademark Lawyer – Federal Circuit Court – Austbar

Austbar Pty Ltd v ABA Australian Bar Association Ltd (No.2) [2018] FCCA 2091 (31 July 2018) In the Federal Circuit Court, the Australian Bar Association (ABA) was successful in its application for summary dismissal under s17A of Austbar’s appeal from a decision by the Registrar of Trade Marks rejecting its oppositions to trade mark registration […]

Trademark Registration -Full Federal Court-Judicial Review

Vokes Ltd v Laminar Air Flow Pty Ltd [2018] FCAFC 109 (16 July 2018) Unsuccessful appeal by Vokes. The Full Federal Court agreed with the primary judge that no relevant error had occurred to enliven correction of the Register under s81 of the Act. The Registrar’s decision was to correct the Register to enter Vokes […]

Trademark Lawyer – Federal Court – Dunlop aircraft tyres

Dunlop Aircraft Tyres Limited v The Goodyear Tire & Rubber Company [2018] FCA 1014 (11 July 2018) The Goodyear Tire & Rubber Company (Goodyear USA) owns various registrations for DUNLOP and Flying D Logo trade marks and alleged Dunlop Aircraft Tyres Limited (Dunlop UK) and its authorised Australian entities (collectively Dunlop) infringed these registrations and […]

Trademark Lawyer-Full Federal Court-Chantelle-Similar Packaging

Homart Pharmaceuticals Pty Ltd v Careline Australia Pty Ltd [2018] FCAFC 105 (5 July 2018) Unsuccessful appeal by Homart against the judgement of the primary judge, Burley J restraining Homart’s use of misleading or deceptive packaging for a cosmetic product even where quite different trade marks were involved. The decision of the primary judge is […]

Trademark Lawyer – Federal Court – Frucor Colour Green

Frucor Beverages Limited v The Coca-Cola Company [2018] FCA 993 (2 July 2018) Frucor was unsuccessful in its appeal against the Registrar’s decision which upheld Coca-Cola’s opposition to registration of its trade mark application for the colour green. Frucor’s trade mark application was filed on 15 June 2012 for the colour green in respect of […]

Trademark Registration – ATMO Decisions – June 2018

Kerry Luxembourg S.a.r.l.v Nanny Annie Pty Ltd [2018] ATMO 92 (6 June 2018) Unsuccessful opposition by Kerry to trademark registration of Vinci Coffee filed on 27 February 2015 for coffee and coffee products in class 30. Shortly after the applicant filed its Notice of Intention to Defend the opposition, Kerry applied to amend its Statement […]