Monster Energy Company v. USA Nutraceuticals Group Inc [2015] ATMO 1
The Applicant had filed an application for an extension of time to file its Evidence in Answer. The substantive matter concerned an application (an IRDA) by USA Nutraceuticals Group...
The Applicant had filed an application for an extension of time to file its Evidence in Answer. The substantive...
Read More
Kimberley-Clark Worldwide Inc. v The Reject Shop Limited [2015] ATMO 2
Kimberley-Clark, the owner of the well-known KLEENEX brand of products, opposed the registration of the KLEENZ Logo in respect of cleaning agents for the hands. The opponent’s evidence demonstrated the...
Kimberley-Clark, the owner of the well-known KLEENEX brand of products, opposed the registration of the KLEENZ Logo in respect...
Read More
ParexGroup Pty Ltd v Mapei S.P.A. [2015] ATMO 3
Mapei applied to extend the protection of its International Registration for ULTRAFLEX to Australia covering a range of industrial chemicals in Class 1. The extension of protection was opposed...
Mapei applied to extend the protection of its International Registration for ULTRAFLEX to Australia covering a range of industrial...
Read More
Sazerac Company, Inc. v Liquid Exchange Pty Ltd [2015] ATMO 4
Sazarec Company opposed the registration of the trade mark BUFFALO BILL applied for by Liquid Exchange Pty Ltd covering inter alia “spirits (beverages)” and “bourbon whisky”. Sazarec is the owner...
Sazarec Company opposed the registration of the trade mark BUFFALO BILL applied for by Liquid Exchange Pty Ltd covering...
Read More
AgCare Biotech Pty Ltd v Crop Smart Pty Ltd [2015] ATMO 7
This matter concerned an opposition filed by AgCare to the registration of Crop Smart’s trade mark SMART and an opposition by AgCare to the non-use removal of its trade...
This matter concerned an opposition filed by AgCare to the registration of Crop Smart’s trade mark SMART and an...
Read More
Tod’s S.p.A. v Jiang & Hou Pty Ltd. [2015] ATMO 5
Applications for VANESSA HOGAN and the below VANESSA HOGAN and Device trade marks were opposed by Tod’s S.p.A. The opponent is the owner of a number of prior ‘HOGAN’...
Applications for VANESSA HOGAN and the below VANESSA HOGAN and Device trade marks were opposed by Tod’s S.p.A. The...
Read More
Drafting Guidelines in Light of S40(3) Amendments
S40 of the Patents Act 1990 (Cth) is related to internal validity of a patent specification and, in essence, provides rules for drafting patent applications. Until 15 April 2013,...
S40 of the Patents Act 1990 (Cth) is related to internal validity of a patent specification and, in essence,...
Read More
Leave to Appeal to the High Court Granted in Myriad Gene Patent Case
The High Court of Australia has granted special leave to Yvonne D’Arcy to appeal the high profile Full Federal Court decision1 affirming the patentability of naturally-occurring genes...
The High Court of Australia has granted special leave to Yvonne D’Arcy to appeal the high profile...
Read More
Combined Communications Pty Ltd v Combined Communication Solutions Pty Ltd [2014] ATMO 117
Combined Communications (CC) opposed the registration of the Combined Communication Solutions (CCS) trade marks; COMBINED COMMUNICATION SOLUTIONS and the COMBINED COMMUNICATION SOLUTIONS Logo. The opponent, CC, asserted that it was...
Combined Communications (CC) opposed the registration of the Combined Communication Solutions (CCS) trade marks; COMBINED COMMUNICATION SOLUTIONS and the...
Read More
Mars Australia Pty Ltd v Delfi Chocolate Manufacturing [2014] ATMO 113
Mars Australia opposed the registration of the trade mark MALTITOS by Delfi Chocolate pressing sections 44 and 60 of the Trade Marks Act. The MALTITOS trade mark application covered confectionary...
Mars Australia opposed the registration of the trade mark MALTITOS by Delfi Chocolate pressing sections 44 and 60 of...
Read More
101Domain, Inc v BB Online UK Ltd [2014] ATMO 120
101Domain, Inc., opposed the Australian designation of BB Online UK’s trade mark. The applicant operates a website www.101domains.com and the opponent operates a website www.101domain.com and utilises the trade mark...
101Domain, Inc., opposed the Australian designation of BB Online UK’s trade mark. The applicant operates a website www.101domains.com and the...
Read More