Trademark News & Information

Amendments to Designs Act

The amendments to the Designs Act 2003 arising from the Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 have come fully into force with effect from 10 March 2022. The amendments include a grace period which will enable a design application to be filed up to 12 months after the design is first […]

Trademark Lawyer Sydney – Federal Court – MM Appeal

Marquis Macadamias Ltd v Mars Australia Pty Ltd [2022] FCA 207 (10 March 2022) Successful appeal (by consent) by Marquis Macadamias from a Registrar’s decision refusing registration of its application for trademark registration of MM (Stylised) shown below filed on 30 July 2019 for various foodstuffs in classes 29, 30 and 31 Before the Registrar, […]

Trademark Lawyer Sydney – Federal Court – OPEN ACCESS Appeal

Gen-Probe Incorporated v Beckman Coulter, Inc [2022] FCA 194 (8 March 2022) Successful appeal (by consent)  by Gen-Probe from a Registrar’s decision refusing registration of its application for trademark registration of OPEN ACCESS filed on 30 August 2017 for various diagnostic goods in classes 1, 5, 9 and 10. Before the Registrar, the opponent relied […]

Trademark Registration Sydney – ATMO Decisions – February 2022

Duncan Farquhar v Kristy Hobson [2022] ATMO 14 (2 February 2022) Unsuccessful opposition by Farquhar to trademark registration of EcoConnect filed on 3 August 2020 for various education related services in class 41. The opponent relied on grounds of opposition under ss 43, 44, 58, 58A, 59, 60 and 62A, but failed to establish any […]

.au domain names

From 24 March 2022 registration of .au domain names will be open to persons and entities with a verifiable Australian presence as set out in the eligibility criteria in the .au Licensing Rules. It will then be open: to apply to register new .au names that are not already registered in any existing .au name […]

Trademark Lawyer Sydney – Federal Court – MOTHERSKY Appeal

Energy Beverages LLC v Cantarella Bros Pty Ltd [2022] FCA 113 (18 February 2022) This concerned three unsuccessful appeals by Energy Beverages. The first two appeals were from Registrar’s decisions directing removal of its MOTHER LOADED ICED COFFEE  and MOTHERLAND trade mark registrations on the ground of non-use. The third appeal was from the Registrar’s […]

Trade Mark Registration Sydney – ATMO Decisions – January 2022

Martin Richards v Black Star Pastry Pty Ltd [2022] ATMO 1 (4 January 2022) Partly successful oppositions by Richards to trademark registration of BLACK STAR PASTRY (in plain word and logo forms) filed on 4 September 2018 for packaging in class 16, retail services in class 35 as well as various hospitality and food related […]

Trademark Registration Sydney – ATMO Decisions – December 2021

Luma Stiftung v Grande Projects Pty Ltd [2021] ATMO 148 (1 December 2021) Unsuccessful opposition by Luma Stiftung to trademark registration of The Lume filed on 10 October 2019 for a broad range of entertainment related services in class 41. The opponent did not file any evidence and could rely only on the s44 ground […]

Trademark Lawyer Sydney – Federal Circuit and Family Court – QUANTUM GROUP Appeal

Quantum Group Holding Pty Ltd v Thomson [2021] FedCFamC2G 339 (24 December 2021) Partly successful appeal by Quantum Group from the Registrar’s decision. The Registrar’s delegate upheld the opposition by Thompson to trademark registration of the QUANTUM GROUP Logo mark shown below filed on 10 July 2014 for various financial, insurance and real estate services […]

Trademark Lawyer Sydney – Federal Court – a2 Milk and TRUE A2

The a2 Milk Company Limited v LD&D Australia Pty Ltd [2021] FCA 1515 (3 December 2021) Successful appeal by The a2 Milk Company from decisions by the Registrar of Trade Marks, resulting in registration of its trade mark applications for a2 Milk and TRUE A2 filed on 20 July 2015 and 9 February 2016 for […]