Australian trade mark practitioners should be aware of some changes to the Trade Mark Regulations 1995 which are effective before the end of 2025. The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 introduces a number of amendments, some of which were effective from 19 November 2025 and others from 19 December 2025. …
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Trade mark owners and non-use removal applicants have been offered a reminder of the importance of considering any obstacles to the use of a trade mark by the decision in Thomas v Monsoon Group. The removal applicant who was successful before the Trade Mark Office did not contest the appeal, paving the way for the …
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The United States Patent and Trademark Office (USPTO) has announced significant fee changes for US IP rights, effective from 18 January 2025. PatentsOn top of an increase of about 7.5% to most patent fees, significant increases and new fees have been introduced to incentivize efficient patent prosecution strategies and reduce the burden on patent examiners. …
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Saturday, 24 February 2024, marks a milestone for Australian trade mark registrations. Amendment to s.93(2) of the Trade Marks Act provided that applications for cancellation of a trade mark registration for non-use under s. 92(4)(b) may only be filed after three years from the date the particulars of the trade mark were “entered into the Register”. Prior to the …
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The owner of the popular ‘House’ stores, engaged in misleading and deceptive conduct when it took part of Bed Bath ‘N’ Table’s branding for its new homewares store, the Federal Court has found. In Bed Bath ‘N’ Table v Global Retail Brands Australia[1] , Justice Rofe found that GRBA’s decision to brand its soft homewares …
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Acronyms and initialisms and are frequently used by businesses to make their names more memorable and to distinguish themselves from competitors. Recently, the global fast food chain Kentucky Fried Chicken opposed an application by Grill’d seeking registration of its HFC mark (see decision in KFC THC V Ltd v Grill’d IP Pty Ltd [2023] ATMO …
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McDonald’s trade mark registration for BIG MAC is not infringed by Hungry Jack’s use of the mark BIG JACK according to the Federal Court of Australia decision in McD Asia Pacific LLC v Hungry Jack’s Pty Ltd [2023] FCA 1412. Hungry Jack’s began promoting its BIG JACK burger in March 2020. An example of Hungry …
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Trade mark squatting, where a person registers a trade mark merely to sell for a profit at a later time, is a big issue in China and a headache for many brand owners. It doesn’t occur as frequently in Australia largely due to our first to use regime which differs from China’s first to file …
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An uptick in trade mark applications for virtual goods and services as consumers look to the metaverse to buy luxury products and enjoy virtual experiences illustrates how societal trends can influence trade mark filings. This is no surprise given Metaverse Fashion Week is now an annual event featuring big brands such as Coach, Adidas and …
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The importance of conducting clearance searches prior to launching a new brand or product line has again been highlighted by the decision in The Agency v H.A.S Real Estate. Ultimately the court found that HAS had not infringed The Agency’s trade marks due to a lack of sufficient similarity between the signs as registered and …
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