On 22 November 2018 the Australian Competition and Consumer Commission (ACCC) issued its initial assessment of the rules governing use of four certification trade marks in the name of OxoPak Pty Ltd, indicating its intention deny approval for the certification rules, and therefore the trade marks will be denied.
trade mark law
V Energy loses a mother of a battle over color trademark: Australia court’s decision in Frucor v Coca-Cola
We, as consumers, regularly associate colours with our favourite brands as we stroll down supermarket aisles and peer at billboards and banners in shopping centres. But for brand holders, gaining protection for proprietary colours is not a walk in the…
Changes proposed regarding parallel imports – An exhausting concept for Australian trade mark owners?
In this article, we consider;
- the changes to the Trade Marks Act proposed in respect of parallel imports which the Draft Explanatory Memorandum states are aimed at ensuring that the law “better meet[s] the objective of facilitating the parallel
…
The European Commission has its say: EU trade marks post-Brexit
On 28 February 2018, the European Commission released its draft withdrawal agreement setting out a proposal on the arrangements for the withdrawal of the UK from the EU (Withdrawal Agreement). The full text of the Withdrawal Agreement can…
Cybersquatters – How to protect your brand from unwanted ‘guests’ online
The internet is now the normal conduit for everyday personal, commercial and social transactions. It is more important than ever to ensure that your consumers know where to find your business online, and that no third parties are seeking to…
Shocking your clients just became passé: US Court takes away the edge from scandalous brands
Thanks to two recent rulings of the US Supreme Court and the Court of Appeals of the Federal Circuit Court, trade marks containing “disparaging”, “immoral” and “scandalous” matter are no longer barred from obtaining registration in the United States of…
Back to Basics – Australian Trade Mark Law 101
2018 marks the publication of the first Trademarks Law Review from the Law Review series.
Trade mark update: 11th Edition of the Nice Classification came into force on 1 January 2018
As many of you will know, the Nice Classification is the international system used to classify goods and services for trade mark purposes. The World Intellectual Property Office regularly updates and amends the Nice Classification in order to ensure that …
What Brexit means for IP: The UK Law Society, the IP Bar, CIPA and CITMA weigh in on Brexit strategy
It’s no surprise that many in the professional and legal services industries are putting increasing thought into what the post-Brexit world will, or should, look like. The Chartered Institute of Patent Attorneys (CIPA) in the UK has been the latest …
‘Apples, Beatles and four decades of litigation’ – Cautionary tales for start-ups settling on a new brand name
Apple: the world’s most successful company, with an estimated worth of three-quarters of a trillion dollars. It’s no wonder that would-be tech entrepreneurs around the world are sitting around in black turtlenecks, jeans and New Balance sneakers, poring over Steve…