Trade Marks

Puma Vs CAT: The Full Federal Court settles a catfight!

Background On 21 October 2016, Puma SE (‘Puma’) filed a trade mark application for “PROCAT” in class 25 (footwear and headgear) and class 18 (bags and accessories). Subsequently, Caterpillar Inc. (‘Caterpillar’) opposed the trade mark on various grounds (s52, ss42(b), s44 and s60). Caterpillar owned registered trade marks for CAT in classes 18 and 25 […]

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Brunellino Wins Bad Faith Trade Mark case in China

Brunello di Montalcino is one of the most well known and loved wines in Italy and the fame of this wine has spread to other jurisdictions. In May 2021, Consorzio del Vino Brunello di Montalcino (‘Consorzio’), a prestigious Italian wine company, obtained favorable decisions from the Chinese Trademark Office (“CNIPA”) to invalidate three trade marks […]

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What Is A Series Trade Mark Application?

A trade mark is your most valuable marketing tool. It is a sign that identifies a business as the origin of the supply of its products or services to distinguish from another business, product, or service. Businesses most commonly use their brand names or logo as their trade marks. There are, however, also a number […]

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Australian Intellectual Property Report 2021

Australian Intellectual Property Report 2021

Trade marks A trade mark is a type of intellectual property and consists of a sign that distinguishes the goods and services of one trader from another trader in the marketplace. A registered trade mark gives the owner a 10-year period of protection over the trader’s exclusive rights to use, license and sell the mark. […]

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Trade Mark Opposition Process

The Trade Mark Opposition Process

As the owner of a trade mark, you are responsible to defend your trade mark rights. Therefore, you should know about the purpose and process of trade mark opposition proceedings. It is important for you to be familiar with the complexities of trade mark oppositions so that you are properly informed in case someone opposes […]

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Series Trade Mark Applications

Series Trade Mark Applications

What Is A Series Trade Mark Application? A trade mark is a business’ most valuable marketing tool. It is a way of identifying a business, its products, and/ or services from another business, product, or service in the market.  Businesses most commonly use their brand names or logo as their trade marks. However, there are […]

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IP Australia - New Trade Mark Fees Effective 1 October 2020 | W3iplaw

IP Australia – New Trade Mark Fees Effective 1 October 2020

In 2019, IP Australia conducted reviews of its fee schedules in consultation with various stakeholders. The results of the extensive, 19-month review were finalised and released on 7 August 2020. IP Australia announced that the updated fee schedules will apply commencing 12 AM AEST on 1 October 2020. The new fees will impact charges payable […]

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Australian Trade Mark Database

ATMOSS: The Australian Trade Mark Database

The primary function of a trade mark is to designate the origin of products and services so that your customers can reliably find products and services. A business, whether it be for products, for services, or both, needs to have a name because it is a sign as to how we identify a brand. Of […]

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IP Report 2020 on Trade Mark Filing Statistics in Australia and Overseas

A trade mark is a way for customers to recognize your unique product or service from your competitors. A trade mark is not just ‘a logo’, it is your brand. It can be in the form of a letter, word, phrase, number, sound, shape, smell, logo, movement, picture, aspect of packaging, or a combination of […]

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U.S. Supreme Court Overturns USPTO Trade Mark Refusal Against Booking.com

Booking.com is an Amsterdam based digital travel company that provides online hotel and travel reservation services. It also maintains the same domain name for its website. About a decade ago, Booking.com filed trademark applications for four marks, each with distinct designs but all containing the term “Booking.com”. Unfortunately, the USPTO Examination Attorney refused the applications […]

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