21 December, 2016
Spruson

Asia-Pacific Regional Trade Mark Update - December 2016

Asia-Pacific Regional Trade Mark Update - December 2016

We’ve summarised a number of recent trade mark decisions from across the Asia-Pacific region to provide an update to practitioners and brand owners on current trends in trade marks in these markets.

Australian Trade Marks Office Highlights

Tomkin Australia Pty Ltd v Jab Design Pty Ltd [2016] ATMO 73 (15 September 2016)

Jab and Run
No evidence filed by opponent, no case to answer for applicant.
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Ferngrove Pharmaceuticals Australia Pty Ltd. [2016] ATMO 74 (20 September 2016)

Australian made, owned and revoked
Acceptance of 'Australian Made' trade mark revoked.
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Bega Cheese Limited v Quesos Vega Soltuelamos, SL. [2016] ATMO 81 (10 October 2016)

Cheesed Off
VEGA MANCHA not too similar to BEGA.
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HBI Branded Apparel Enterprises, LLC v Fratex Industria Comercio LTDA [2016] ATMO 89 (15 October 2016)

Do Not Remove Clothing
Discretion applied not to remove goods where use on similar goods has been demonstrated.
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Centennial Park Cemetery Authority v KSAMS Nominees Pty Ltd [2016] ATMO 85 (16 October 2016)

Parking on the Flowers
Application for mark refused after opponent proves prior use for substantially identical mark.
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Volvo Trademark Holding AB v Timken UK Limited [2016] ATMO 91 (26 October 2016)

Am I Rolling or Revolving
REVOLVO too similar to VOLVO
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Federal Court of Australia Trade Mark decision

Court, courtroom, law.

Insight Radiology Pty Ltd v Insight Clinical Imaging Pty Ltd [2016] FCA 1406

Appeal finds marks not substantially identical, but application refused on other grounds.
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New Zealand Trade Marks Office Highlights

The Ethical Coffee Company Limited v Honest Coffee Company Limited [2016] NZIPOTM 27 (20 October 2016)

Out of Froth
Use your mark (genuinely, honestly or ethically) or lose it!
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Barilla GeR Fratelli SpA v Shao Chengu, Shao Jun and Shao Li [2016] NZIPOTM 22 (19 September 2016)

Not pasta alone
Barilla dining alone after losing out of date trade mark.
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Supreme Peoples Court of China Trade Mark Decision

Jordan Crying over China no more 

Off-court victory for basketball star in finally having JORDAN recognised as a well-known trade mark in China.
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Singapore Trade Marks Highlight

Bend it like Bentley 

Trade mark revoked after evidence falls on wrong side of the line with trade mark owner not showing real commercial exploitation of the registered mark in Singapore.
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Indonesia Trade Marks Highlight

New Indonesian Trade Mark Law 20/16 Enacted and Regulations Expected Soon

Further to our earlier news alert, we can confirm that the law named Law 20 of 2016 on Marks and Geographical Indications has been enacted on 25 November 2016.
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