04 October, 2017

Australian Trade Marks Update

Australian Trade Marks Update


Australian Trade Marks Office Highlights

Intellectual Property Development Corporation Pty v Fermentum Pty Ltd [2017] ATMO 68

O to be sailing the PACIFIC with an ALE

PACIFIC ALE not descriptive or too similar to PACIFICO for beers.

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Crossfit Inc v Bossfit Pty Ltd [2017] ATMO 74

The BOSS is CROSS, but FIT

BOSSFIT not too similar to CROSSFIT and not likely to be confused

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The Coca-Cola Company v Vitasoy International Holdings Limited [2017] ATMO 77

An ICY cold Coke

ICY (Stylised) too descriptive for registration

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Raymond Hoser [2017] ATMO 87

Super-hero mishap for REPTILE MAN

REPTILE MAN refused registration under section 41.

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Paypal, Inc v Braintree Communications Pty Ltd [2017] ATMO 90

Destination not the journey

similarity of goods and services tested, but whilst goods/services may be used to achieve another service, still not similar.

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Australian Federal Court Decision

Moroccanoil Israel Ltd v Aldi Foods Pty Ltd [2017] FCA 823 (31 August 2017)

Aldi’s “Like brands. Only cheaper” put to the test

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Australian Trade Mark Update

Proposed measures to declutter the Australian Trade Marks Register

In its response to the Productivity Commission’s Inquiry into Intellectual Property arrangements in Australia, the Australian Government endorsed a number of “decluttering” measures proposed by the Commission.

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This is an extract from Spruson & Ferguson’s Asia-Pacific Regional Trade Mark Update. You can view the entire Update here.


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