11 October, 2016

Asia-Pacific Regional Trade Mark Update

Asia-Pacific Regional Trade Mark Update

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

Dingo Software Pty Ltd [2016] ATMO 29 (12 May 2016)

Dogged About DINGO
Proposal to revoke acceptance refused (section 38).
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Catholic Metropolitan Cemeteries Trust v Bendigo Cemeteries Trust [2016] ATMO 30 (13 May 2016) 

A Grave Fight
Opposition to FUNERAL SERVICES ALLIANCE CENTRAL VICTORIA successful (section 60).
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Teraglow Pty Ltd [2016] ATMO 32 (31 May 2016)

A Picture Paints a Single Word
Image of a Samurai refused due to registration for the word SAMURAI (section 44).
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Havana Club Holding SA and Corporacion Cuba Ron S.A. v 1872 Holdings, V.O.F. [2016] ATMO 37 (21 June 2016)

Viva Mexico, Cubano, Dominicano
Applications to register trade marks that include CUBA for rum refused on the basis of a false geographical indication (section 61).
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The Coca-Cola Company v Frucor Beverages Limited [2016] ATMO 38 (22 June 2016)

It Ain’t Easy Being Green
Application to register the colour green refused due to lack of distinctiveness.
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Brock Beauty Inc [2016] ATMO 44 (30 June 2016)

What’s in a Name
Application to register BROCKBEAUTY accepted (section 41).
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CFX Funds Management Pty Ltd v Paul McMahon [2016] ATMO 52 (19 July 2016)

Cruel Intentions
DFO trade mark for transportation services refused as applicant had no intention to use (section 59).
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Bing Boy IP Pty Ltd v Bing Go Street Food [2016] ATMO 55 (28 July 2016)

That’s a Bingo
Application for BING GO Logo refused in the face of prior BING BOY Logo (section 44).
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New Zealand Trade Marks Office Highlights

7-Eleven Inc [2016] NZIPOTM 9 (27 May 2016)

An Inconvenient Decision
Application by 7-Eleven to register its stripe colours rejected.
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Fuchs Petrolub SE v Unilever PLC [2016] NZIPOTM 18 (25 July 2016)

A Jelly By Any Other Name
Protected mark to be rectified through amendment of goods that included the proprietary term VASELINE.
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Nutriacare Group Limited v The A2 Milk Company Limited [2016] NZIPOTM 12 (27 June 2016)

Crying Over Spilt Milk
Differing PLATINUM formative marks able to coexist without confusion for milks.
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Singapore Trade Marks Office Highlights

Beat It, Beat It, Beat It, Beat It

QUADBEAT trade mark allowed despite opposition by BEATS.
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Not A-moose-d

Abercrombie & Fitch succeed in opposition to application to register A&F with Moose Device.
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Indonesia Trade Marks Highlight

Boxing Match

Competing ‘i box’ trade marks allowed to coexist (Indonesian Supreme Court).
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Vietnam Trade Marks Highlight

Same, Same, But Same

Class 3 goods deemed similar to Class 5 goods of competing Bao Xuan Logo trad marks (Vietnam’s Hau Giang Province Court).
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