Trademark News & Information

Trademark Lawyer Sydney – Federal Court – KANGEN

Enagic Co Ltd v Horizons (Asia) Pty Ltd (No 3) [2021] FCA 1512 (2 December 2021) Successful appeal by Enagic from a decision by the Registrar of Trade Marks, resulting in refusal of the KANGEN trade mark application filed by Horizons on 24 September 2016 for a broad range of services in class 35 including […]

Trademark Registration Sydney – ATMO Decisions – November 2021

Publishing By Chelle Pty Ltd v Ausbiz TV Pty Ltd [2021] ATMO 130 (1 November 2021) Unsuccessful opposition by Publishing By Chelle to trademark registration of AUSBIZ filed on 7 August 2019 for various goods and services in classes 9, 38 and 41. The opponent relied on grounds of opposition under ss 42(b), 58 and […]

Trademark Lawyer Sydney – Federal Court – PABLO

Freshfood Holdings Pte Limited v Pablo Enterprise Pte Limited (No 2) [2021] FCA 1404 (12 November 2021) Successful appeal by Freshfood from a decision by the Registrar of Trade Marks. Registrar’s decision Before the Registrar, Freshfood was unsuccessful in its opposition to an application for removal of its trademark registration for PABLO alleging no good […]

Trademark Lawyer Sydney – Federal Court – Henley

Henley Arch Pty Ltd v Henley Constructions Pty Ltd [2021] FCA 1369 (5 November 2021) Henley Arch was comprehensively successful in its claims for trademark infringement and contravention of the Australian Consumer Law by Henley Constructions. Henley Arch has been conducting business in the residential building and construction field since 1989 under various HENLEY trade […]

Trade Mark Registration Sydney – ATMO Decisions – October 2021

Billie Inc v Sergey Kayudin [2021] ATMO 112 (1 October 2021) Successful opposition by Billie Inc to trademark registration of BILLIE filed on 28 September 2018 for shaving products in class 3 and 8. The opponent prevailed under the s59 intention to use ground. The applicant did not file any evidence or participate in the […]

Trademark Registration Sydney – ATMO Decisions -September 2021

Pernod Ricard Winemakers Pty Ltd v Clare Frances Eddington and William Henry Eddington [2021] ATMO 94 (2 September 2021) Unsuccessful opposition by Pernod Ricard to trademark registration of Richmond Park Estate filed on 4 March 2019 for various goods in class 24 as well as wine related goods and services in classes 33, 35 and […]

Trademark Lawyer Sydney – High Court Appeal – Voller

Fairfax Media Publications Pty Ltd v Voller; Nationwide News Pty Limited v Voller; Australian News Channel Pty Ltd v Voller [2021] HCA 27 (8 September 2021) The High Court, by a 5:2 majority, dismissed an appeal by the media companies from a judgement of the Supreme Court of New South Wales where they were found […]

Trademark Lawyer Sydney – Full Federal Court Appeal – PROTOX

Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd [2021] FCAFC 163 (7 September 2021) Successful appeal by Allergan against a judgement by the primary judge, Stewart J rejecting its claim for trade mark infringement and many of its claims under the Australian Consumer Law. Background Allergan’s Botox product relaxes the muscles at […]

Trademark Lawyer Sydney – Federal Court Appeal – procat

Caterpillar Inc v Puma SE [2021] FCA 1014 (27 August 2021) Caterpillar was successful in its appeal from a decision of the Registrar dismissing its opposition to trademark registration of ‘procat’ filed on 21 October 2016 for goods in classes 18 and 25. Registrar The opponent relied on grounds under ss42(b), 44 and 60 but […]

Trademark Lawyer Sydney – Federal Court – Injunction – Finish dishwashing products

RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2021] FCA 1094 (3 September 2021) Reckitt Benckiser was successful in obtaining an interim injunction restraining Henkel from offering for sale or selling dishwashing products by reference to the following sign: Henkel contended this was merely a depiction of its SOMAT capsules and not […]