Australasia Archives - Page 71 of 94

17th Dec 2014

High Court gives new guidance on registrability of foreign language trade marks

Cantarella Bros Pty Limited v Modena Trading Pty Limited HCA 48 In the final chapter of the Italian coffee saga, the majority of the High Court has ruled that...

Cantarella Bros Pty Limited v Modena Trading Pty Limited HCA 48 In the final chapter of the Italian coffee...

17th Dec 2014

Australian IP Amendment Bill Tackles Trans-Tasman Initiatives and TRIPS Protocol

As Australian patent applicants, their representatives, and the Australian Patent Office settle into life after the substantial changes to patents legislation brought about by the Intellectual Property Laws Amendment...

As Australian patent applicants, their representatives, and the Australian Patent Office settle into life after the substantial changes to...

11th Dec 2014

Pepsi Takes the Fizz out of the Coke Bottle

A recent decision of the Federal Court emphasises that although shape trade marks have their place, the context in which they are used will affect the scope of protection...

A recent decision of the Federal Court emphasises that although shape trade marks have their place, the context in...

9th Dec 2014

High Court Grants Extension of Time for Extending Patent Term

As discussed in a previous blog, Australian patent law permits many deadlines to be extended in the event that a critical date is missed. Provided that an applicant or...

As discussed in a previous blog, Australian patent law permits many deadlines to be extended in the event that...

4th Dec 2014

High Court has the final say – “ORO” and “CINQUE STELLE” are inherently adapted to distinguish coffee products in Australia

The High Court has handed down its decision in Cantarella Bros Pty Limited v Modena Trading Pty Limited, allowing Cantarella’s appeal and finding that the marks “ORO” and “CINQUE...

The High Court has handed down its decision in Cantarella Bros Pty Limited v Modena Trading Pty Limited, allowing...

4th Dec 2014

Avoiding Trade Mark Infringement in Search Engine Optimisation

For most businesses, the prominence of their website in search engine results has become an important part of their marketing efforts. The incentive to be featured above competitors is...

For most businesses, the prominence of their website in search engine results has become an important part of their...

4th Dec 2014

The ‘Acceptance Deadline’ trap – how to avoid costly continuation applications in Australia and NZ

When filing for a patent in any country, for both local companies and patent attorneys based overseas, the question of deadlines can be one of the easiest and most...

When filing for a patent in any country, for both local companies and patent attorneys based overseas, the question...

4th Dec 2014

Uncertainty for Generic Pharmaceutical Manufacturers as High Court grants 10 year extension of time

The question of how long originators of a new pharmaceutical medication should hold their patent monopoly has been extensively debated and, with the competing interests of originators and generic...

The question of how long originators of a new pharmaceutical medication should hold their patent monopoly has been extensively...

4th Dec 2014

Distinct Bite Taken Out of Apple

Apple Inc. v Registrar of Trade Marks FCA 1304 (3 December 2014). In 2013, Apple requested to be Heard by the Trade Marks Office on the issue and...

Apple Inc. v Registrar of Trade Marks FCA 1304 (3 December 2014). In 2013, Apple requested to be...

10th Nov 2014

Much anticipated ‘Research Affiliates’ Decision Provides Further Guidance on the Patentability of Business Methods and Software In Australia

The Australian Full Federal Court today handed down its decision in Research Affiliates LLC v Commissioner of Patents. The decision is an important addition to Australian case law...

The Australian Full Federal Court today handed down its decision in Research Affiliates LLC v Commissioner of Patents. ...

10th Nov 2014

Business Method Patent reconsidered in Australia

The Full Federal Court of Australia today handed down the long-awaited decision in the appeal by Research Affiliates LLC against the Federal Court’s finding that the claims of Patent...

The Full Federal Court of Australia today handed down the long-awaited decision in the appeal by Research Affiliates LLC...

3rd Nov 2014

The Design Hunter Pty Ltd v Indesign Publishing Pty Ltd [2014] ATMO 93

An application for the mark DESIGN HUNTER in class 35 for an event or exhibition by Indesign Publishing was opposed by The Design Hunter on the grounds of sections...

An application for the mark DESIGN HUNTER in class 35 for an event or exhibition by Indesign Publishing was...