News

16th Oct 2015

Richemont International SA v Cabot Company Limited [2015] ATMO 72 (13 August 2015)

Cabot Company Limited applied for extension of protection of International Registration Designating Australia in class 14 for watches of the mark.The extension of protection was opposed under sections 44...

Cabot Company Limited applied for extension of protection of International Registration Designating Australia in class 14 for watches of...

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16th Oct 2015

Sport Direct Holding BV v Reece Pty Ltd [2015] ATMO 78 (25 August 2015)

This matter concerned an opposition by Reece to the partial removal of its trade mark registration (shown below). The removal action was filed by Sport Direct and sought the...

This matter concerned an opposition by Reece to the partial removal of its trade mark registration (shown below). The...

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16th Oct 2015

Campbell Soup Company v Heinz Company Australia Limited [2015] ATMO 73 (17 August 2015)

Heinz obtained acceptance of its trade mark SOUP OF THE DAY (for soups) after an initial objection was raised under section 41(5) by the Trade Marks Office. Campbell Soup...

Heinz obtained acceptance of its trade mark SOUP OF THE DAY (for soups) after an initial objection was raised...

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16th Oct 2015

Guccio Gucci SpA v Guess?, Inc [2015] ATMO 71 (11 August 2015)

Guess’ Australian designations (one covering Class 9 and the other Class 18) of its International Registration for GG Device was opposed by Gucci. Gucci led evidence of its ‘high volume...

Guess’ Australian designations (one covering Class 9 and the other Class 18) of its International Registration for GG Device...

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16th Oct 2015

Barossa Valley Estate Pty Ltd v Australian Vintage Limited [2015] ATMO 70 (5 August 2015)

Barossa Valley Estate (BVE) opposed the Australian Vintage (AV) application for the below BAROSSA VALLEY WINE COMPANY Logo trade mark. The AV application was accepted with an endorsement to the...

Barossa Valley Estate (BVE) opposed the Australian Vintage (AV) application for the below BAROSSA VALLEY WINE COMPANY Logo trade...

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16th Oct 2015

Pacific Magazines Pty Limited v Bauer Consumer Media Limited [2015] ATMO 69 (5 August 2015)

Bauer Consumer Media’s trade mark application for TEST KITCHEN was opposed by Pacific Magazines on grounds under sections 41 and 58A. Both parties agreed that TEST KITCHEN has a common...

Bauer Consumer Media’s trade mark application for TEST KITCHEN was opposed by Pacific Magazines on grounds under sections 41...

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16th Oct 2015

Parfums Christian Dior v Hyper Ideas Pty Ltd [2015] ATMO 77 (24 August 2015)

Hyper Ideas applied for registration of the trade mark J’ADORE RAW in relation to supplements and foods in Classes 5, 29, 30 and 31. The application was opposed by...

Hyper Ideas applied for registration of the trade mark J’ADORE RAW in relation to supplements and foods in Classes...

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16th Oct 2015

DC Comics v Joel Beling [2015] ATMO 76 (21 August 2015)

This matter concerned an award of costs that was sought by Beling, after DC Comics pursued oppositions to Beling’s various trade mark applications and withdrew the oppositions prior to...

This matter concerned an award of costs that was sought by Beling, after DC Comics pursued oppositions to Beling’s...

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15th Oct 2015

Gene Patents Under Threat in Australia

Summary In a unanimous decision by seven Judges of Australia’s High Court (the highest appeal court), patent claims for isolated BRCA1 nucleic acids, indicative of a predisposition to breast or...

Summary In a unanimous decision by seven Judges of Australia’s High Court (the highest appeal court), patent claims for isolated...

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14th Oct 2015

Invigorating the Australian economy: A Patent Attorney’s Perspective

The word “innovation” has all of a sudden become a buzz word among Australia’s politicians. It is even more remarkable to note how quickly the message has changed since...

The word “innovation” has all of a sudden become a buzz word among Australia’s politicians. It is even more...

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13th Oct 2015

Can you have a Granted IP Right yet Infringe Someone Else’s IP Rights?

Every so often I am asked a question such as: “I have a granted design/patent/trade mark registration in respect of my brand/product/process. Does this mean that I can use...

Every so often I am asked a question such as: “I have a granted design/patent/trade mark registration in respect...

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13th Oct 2015

Partner or perish – Five tips you must know before taking your technology into China

Australia signed the landmark Free Trade Agreement with China (the ChAFTA) on 17 June 2015. The ChAFTA unlocks significant business potential in China for Australian businesses.

Australia signed the landmark Free Trade Agreement with China (the ChAFTA) on 17 June 2015. The ChAFTA unlocks significant...

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