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trade mark law

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Are tougher days coming for approval of agribusiness certification trademarks in Australia?

Photo of Georgina Hey (AU)Photo of Amanda Caldwell (AU)
By Georgina Hey (AU) & Amanda Caldwell (AU) on November 29, 2018

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.

V Energy loses a mother of a battle over color trademark: Australia court’s decision in Frucor v Coca-Cola

Photo of Alyson Poole (AU)Photo of Helen Macpherson (AU)
By Alyson Poole (AU) & Helen Macpherson (AU) on August 13, 2018

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…

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Changes proposed regarding parallel imports – An exhausting concept for Australian trade mark owners?

Photo of Frances Drummond (AU)Photo of Rebecca Brenikov (AU)
By Frances Drummond (AU) & Rebecca Brenikov (AU) on April 6, 2018

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

Photo of Georgina Hey (AU)Photo of Sophie Lees (AU)
By Georgina Hey (AU) & Sophie Lees (AU) on March 15, 2018

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

Photo of Georgina Hey (AU)Photo of Rebecca Brenikov (AU)
By Georgina Hey (AU) & Rebecca Brenikov (AU) on March 9, 2018

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

Photo of Isobel Taylor (AU)Photo of Frances Drummond (AU)
By Isobel Taylor (AU) & Frances Drummond (AU) on February 15, 2018

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

Photo of Frances Drummond (AU)Photo of Sophie Lees (AU)
By Frances Drummond (AU) & Sophie Lees (AU) on February 14, 2018

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

Photo of Frances Drummond (AU)Photo of Rebecca Brenikov (AU)
By Frances Drummond (AU) & Rebecca Brenikov (AU) on January 21, 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

Photo of Georgina Hey (AU)Photo of Rebecca Brenikov (AU)
By Georgina Hey (AU) & Rebecca Brenikov (AU) on January 21, 2018

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

Photo of Georgina Hey (AU)Photo of Isobel Taylor (AU)
By Georgina Hey (AU) & Isobel Taylor (AU) on October 31, 2017

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…

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