Australia Update – When use supersedes descriptiveness
This matter concerned an application by ATP Institute Pty Ltd to register the trade mark MULTI FOOD in connection with supplements in Class 5.
This matter concerned an application by ATP Institute Pty Ltd to register the trade mark MULTI FOOD in connection...
Read More
New Zealand Update – Another Costly Opposition for Monster Energy
Monster Energy Company opposed registration of trade mark application No. 1039137 UNLEASH YOUR POWER in Class 30, owned by Nutrition Fit 2004, Limited. Monster Energy’s opposition was based...
Monster Energy Company opposed registration of trade mark application No. 1039137 UNLEASH YOUR POWER in Class 30, owned by...
Read More
Changes to Australian Consumer Law: Substantial Increase in Financial Penalties
On 23 August 2018, Parliament passed legislation amending the Competition and Consumer Act 2010 (Cth)(CCA). The amendment increases the maximum financial penalties under the Australian Consumer Law for provisions...
On 23 August 2018, Parliament passed legislation amending the Competition and Consumer Act 2010 (Cth)(CCA). The amendment increases the...
Read More
Tempest Destroys Abel Tasman
Casella Wines Pty Limited (Casella) filed a trade mark application on 15 December 2015 for the word mark ABEL TASMAN in respect of wine in class 33. It...
Casella Wines Pty Limited (Casella) filed a trade mark application on 15 December 2015 for the word mark ABEL...
Read More
A Tale of Two David Jones: DAVID JONES VS DAVID JONES PHARMACY
Many Australian consumers may have heard or walked into a department store called David Jones. However, many Australian consumers may not have heard or walked into a small suburban...
Many Australian consumers may have heard or walked into a department store called David Jones. However, many Australian consumers...
Read More
Sherpa Pty Ltd v Urban Sherpa Ltd (2017) NZIPOTM 25
Sherpa Pty Ltd (“Sherpa”) applied to register the SHERPA trade mark in Classes 9 and 39, under application No. 1021637. The application was opposed by Urban Sherpa Ltd...
Sherpa Pty Ltd (“Sherpa”) applied to register the SHERPA trade mark in Classes 9 and 39, under application No....
Read More
Res Judicata in Trademark Cases in the Philippines
The Philippines Supreme Court’s Decision in Case Number G.R. No. 210693 (2017) found the principle of conclusiveness of judgment (Res Judicata) applies in trademark cases where there exist an...
The Philippines Supreme Court’s Decision in Case Number G.R. No. 210693 (2017) found the principle of conclusiveness of judgment...
Read More
China announces measures to curb trade mark squatters
For many years, bad faith or squatter trade mark applications in China have plagued foreign businesses with some level of reputation overseas but who had yet to enter the...
For many years, bad faith or squatter trade mark applications in China have plagued foreign businesses with some level...
Read More
Monster Energy Company v Ox Group Global Pty Limited (2017) NZHC 2393
Monster Energy Company (“Monster”) appealed against a decision of the NZ Trade Marks Office to dismiss its opposition to trade mark application No. 998778 for the following mark in...
Monster Energy Company (“Monster”) appealed against a decision of the NZ Trade Marks Office to dismiss its opposition to...
Read More