The decision of Sundberg J in Chocolaterie Guylian N.V. v Registrar of Trade Marks [2009] FCA 891 has upheld the Trade Marks Office’s rejection of Guylian’s application to register the shape of its seahorse chocolate as a trade mark.
Further to our last post on this issue, IP Australia has issued two further consultation papers inviting any interested parties to make a written submission by 16 October 2009. The first paper discusses proposals for improving the flexibility and time frames of the patent examination process. The second paper discusses proposals to remove unnecessary differences, to improve certainty and …
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A refusal by IPONZ to register the shape trade mark shown below has been upheld by the Assistant Commissioner in Noms De Code Societe Par Actions Simpliefiee’s Appln [2009] NZIPOTM 16. The application was filed in class 3 for goods including “perfumes” and was accompanied by the explanation “the mark consists of a three-dimensional shape of a …
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The Trade Marks Office has rejected Nicklaus Companies LLC’s opposition to the registration of the trade mark shown below filed in the name of Michael Randazzo in Nicklaus Companies LLC v Michael Randazzo [2009] ATMO 63.
The Trade Marks office has rejected Beecham’s opposition to registration to three trade mark applications in the name of ADM consisting of or containing the word ENOVA in Beecham Group Plc v ADM Kao LLC [2009] ATMO 61.
The Australian Trade Marks Office in Lodestar Anstalt v Austin Nichols[2009] ATMO 38 has ordered that trade mark number 839740 for WILD GEESE in classes 32 and 33 be partially removed following two removal applications filed by Austin Nichols and Co, Inc (”Austin”) and Wild Geese Wines Pty Ltd (”WGW”) respectively.
The Intellectual Property Office of New Zealand (IPONZ) is introducing changes to the process for applying for trade marks online. From the 11th of August 2009, applicants will need to be a registered user of the system in order to apply for a trade mark online. This change has been made to standardise the application …
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Volvo has been unsuccessful in its opposition to the registration of LOVOL in respect of, inter alia, automobiles, with the Trade Marks Office finding that LOVOL was not deceptively similar to VOLVO in Volvo Trademark Holding AB v Hebei Aulion Heavy Industries Co Ltd [2009] ATMO 46.
McDonald’s International Property Company Ltd was unsuccessful in its opposition to the registration of the trade mark in classes 16, 25, 29, 30, 32, 35 and 43 in AJ Enterprises (Aust) Pty Ltd v McDonald’s International Property Company Ltd [2009] NZIPOTM 12.
The Coca-Cola Company has successfully opposed the registration of the trade mark NAUGHTY MOTHER in respect of non-alcoholic beverages in The Coca-Cola Company v Matthew Shea [2009] ATMO 49. The Coca-Cola Company relied on its three prior registrations for the trade mark MOTHER and device in support of the ground of opposition raised under section 44. The …
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