Trademark News & Information

Trademark Lawyer Sydney – Federal Circuit Court – MALISHUS

Lamont v Malishus Limited & Ors (No.4) [2019] FCCA 3206 (14 November 2019) Successful action for trade mark infringement by Lamont. None of the parties were professionally represented. Two of the respondents infringed Lamont’s trademark registrations for MALISHUS in class 25. Lamont owned four registrations for trade marks containing or consisting of the word MALISHUS, […]

Trademark Registration Sydney – ATMO Decisions – October 2019

Darwin Funeral Services Pty Ltd [2019] ATMO 142 (1 October 2019) An application for trademark registration of DARWIN FUNERAL SERVICES filed on 28 September 2017 for burial (funeral) services in class 45 was refused for lack of distinctiveness. The delegate considered the applied for mark was not to any extent inherently adapted to distinguish the […]

Trademark Lawyer Sydney – Federal Court – DELPHINE

Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019) Unsuccessful application for infringement by Pinnacle and unsuccessful cross-claim for cancellation by Triangl. This matter is concisely summarised by Murphy J in the opening paragraph of his Honour’s judgment, namely “these are ill–advised proceedings in respect of alleged trade mark infringement and […]

Trademark Registration Sydney – ATMO Decisions – September 2019

Shenzhen Fernfortune International Wines Co Limited v Bilyara Vineyards Pty Ltd [2019] ATMO 131 (2 September 2019) Unsuccessful oppposition by Shenzhen Fernfortune to trademark registration of FEN FU filed on 31 October 2017 for wine in class 33 The opponent relied on grounds of opposition under ss 60 and 62A, but failed to establish either […]

Trademark Lawyer Sydney – Federal Court – Community Bank

Community First Credit Union Limited v Bendigo and Adelaide Bank Limited [2019] FCA 1553 (20 September 2019) Successful rectification application by Community First Credit Union (CFCU) for cancellation of registrations by Bendigo and Adelaide Bank (BAB) for its COMMUNITY BANK logo (shown below) and word marks (the Bendigo Marks) covering various financial and insurance services […]

Trademark Lawyer Sydney – Federal Court – NRMA

National Roads and Motorists’ Association Limited v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 1491 (11 September 2019) The NRMA was unsuccessful in its actions alleging trade mark infringement, misleading or deceptive conduct and injurious falsehood against the Maritime Union of Australia (MUA) branch of the CFMMEU. This arose as part of an […]

Trademark Registration Sydney – ATMO Decisions – August 2019

Icelandic Milk and Skyr Corporation [2019] ATMO 116 (1 August 2019) The applicant was successful in overcoming a distinctiveness objection raised during examination of its application for trademark registration of SIMPLE SIDES filed on 6 September 2017 for yoghurt in class 29. The delegate agreed with the applicant that its yoghurt products are not “side […]

Trademark Lawyer Sydney-Federal Court-Hungry Spirit

Hungry Spirit Pty Ltd ATF The Hungry Spirit Trust v Fit n Fast Australia Pty Ltd [2019] FCA 1277 (9 August 2019) Successful appeal by Hungry Spirit against a decision by the Registrar upholding oppositions by Fit n Fast to registration of Hungry Spirit’s trademark applications for MOVE Training and MOVE Coaching filed on 4 […]

Trademark Registration Sydney – ATMO Decisions – July 2019, Inc v Intygrate Pty Ltd [2019] ATMO 103 (1 July 2019) Successful opposition by Salesforce to trademark registration of the composite mark shown below filed on 15 March 2017 for various software related goods and services in classes 9, 16 and 42 The opponent prevailed under the s44 ground. The delegate considered the applied […]

Trademark Registration Sydney – ATMO Decisions – June 2019

LD&D Australia Pty Ltd v LD&D Australia Pty Ltd [2019] ATMO 85 (3 June 2019) Successful opposition by LD&D to trademark registration of TRUE A2 filed on 9 February 2016 for various milk products in class 29. The opponent prevailed under the s41 distinctiveness ground with s41 being applied as it stood prior to the […]