News

12th Aug 2021

Australian trade mark decision a ‘bugbear’ for New Zealand honey producers

Battle lines have been drawn again between New Zealand and Australia in a recent trade mark decision from the Australian Trade Marks Office of Manuka Honey Appellation Society Incorporated v...

Battle lines have been drawn again between New Zealand and Australia in a recent trade mark decision from the...

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10th Aug 2021

A.D. Padmasingh Isaac trading as Aachi Spices and Foods v Ragopika Pty Ltd [2021] ATMO 47 (4 June 2021)

On 22 February 2018, Ragopikia Pty Ltd (the Applicant) applied to register the trade mark AACHI INDIAN CUISINE for “restaurant services” and “fast food outlet” in class 43. The...

On 22 February 2018, Ragopikia Pty Ltd (the Applicant) applied to register the trade mark AACHI INDIAN CUISINE for...

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6th Aug 2021

Australian Trade Marks Office Decision – BUTTERMITE v VEGEMITE – A Mitey Dispute

Bega Cheese Limited v Vincenzo Fasanella ATMO 49 (10 June 2021) Successful opposition by Bega Cheese Limited to the registration of BUTTERMITE filed in the name of Vincenzo Fasanella. Background Vincenzo...

Bega Cheese Limited v Vincenzo Fasanella ATMO 49 (10 June 2021) Successful opposition by Bega Cheese Limited to the...

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4th Aug 2021

FemTech in Australia – What’s going on Down Under?

FemTech is surging around the world with new start-ups and technology entering the marketplace every day, but what’s going on Down Under? Need for FemTech As of June 2019, just over...

FemTech is surging around the world with new start-ups and technology entering the marketplace every day, but what’s going...

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3rd Aug 2021

Question & Answer with a patent attorney

Part 2: Patent Claims We continue our discussion of some common questions encountered in patent law, turning now to the topic of patent claims. You can view Part 1: Prior...

Part 2: Patent Claims We continue our discussion of some common questions encountered in patent law, turning now to the...

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2nd Aug 2021

Australia’s intelligent approach to artificial intelligence inventions

An Australian court has provided a clear signal that inventions derived from machine learning activities can be subject to valid patent applications, provided they satisfy the regular indicia of...

An Australian court has provided a clear signal that inventions derived from machine learning activities can be subject to...

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27th Jul 2021

Fit Revolution Pty Ltd v Amazon Europe Core S.a.r.l. [2021] ATMO 35

In this matter, a registration for was insufficient to prevent the registration of AMFIT NUTRITION. Amazon Europe Core S.a.r.l. applied to register the AMFIT NUTRITION trade mark in classes...

In this matter, a registration for was insufficient to prevent the registration of AMFIT NUTRITION. Amazon Europe Core S.a.r.l....

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27th Jul 2021

Rolling Stones block trade mark registration of Australian fashion label

Music has influenced fashion for decades. When we think of musical eras and icons such as Frank Sinatra, Madonna, and Snoop Dogg, we picture their particular aesthetic and, as...

Music has influenced fashion for decades. When we think of musical eras and icons such as Frank Sinatra, Madonna,...

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27th Jul 2021

Bayerische Motoren Werke AG v Electracom Pty. Ltd. [2021] NZIPOTM7 (30 April 2021)

Electracom Pty Ltd (“Electracom”) sought to partially revoke (cancel) New Zealand Trade Mark No. 1017040 in the name of Bayerische Motoren Werke AG (“BMW”) on the basis of non-use. The...

Electracom Pty Ltd (“Electracom”) sought to partially revoke (cancel) New Zealand Trade Mark No. 1017040 in the name of...

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27th Jul 2021

Bianca-Moden GmbH & Co. KG v Bianca and Bridgett Pty Ltd [2021] ATMO 30 (15 April 2021)

In this case, prior registrations for BIANCA did not prevent the registration of the BIANCA AND BRIDGETT trade mark for the same goods. Bianca and Bridgett Pty Ltd filed an...

In this case, prior registrations for BIANCA did not prevent the registration of the BIANCA AND BRIDGETT trade mark...

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23rd Jul 2021

Instructions not received – how hard should we follow up?

The Australian Patent system is relatively forgiving in terms of missed deadlines.  The Patents Act provides extensions of time for complying with most deadlines, provided that a genuine error...

The Australian Patent system is relatively forgiving in terms of missed deadlines.  The Patents Act provides extensions of time...

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20th Jul 2021

Brand Protection and the Tokyo 2020 Olympic Games

After a COVID-induced “false start” last year, the International Olympic Committee (IOC) and Japanese Government decided to proceed with the “2020” Tokyo Olympic Games last month. Following reports that...

After a COVID-induced “false start” last year, the International Olympic Committee (IOC) and Japanese Government decided to proceed with...

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