The burden on parties seeking an extension of time to file evidence in trade mark oppositions has been lowered effective 31 July 2023 following an Official Notice issued by IP Australia. The Trade Marks Regulations provide a basis for extensions of time where a party can show that despite making all reasonable efforts to comply …
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The Republic of Peru has appealed a decision from the Australian Trade Marks Office to refuse to grant the country trade mark rights to the word pisco. The Peruvians sought to register the sign PISCO in Australia by filing an application in 2019. The trade mark examiner refused to accept the mark for registration, so …
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American popstar Katy Perry recently lost a trade mark infringement dispute[1] filed in 2019 by Sydney-based fashion designer Katie Taylor. The battle of the Katies started more than 15 years ago: Australian Katie Taylor, born Katie Jane Perry (The Designer) started designing and selling clothes under the brand KATIE PERRY in 2007 and filed a trade …
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An Indian government authority is attempting to secure trade mark rights in Australia for the term BASMATI, in a bid to prevent its use for rice grown outside the country. The Agricultural and Processed Food Products Export Development Authority (the Authority), has sought protection for the term as a geographical indication by way of a …
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Amongst the areas that the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 intended to address was an issue that arose from the wording of section 41 of the Trade Marks Act 1995 as originally drafted. This issue was brought to light in the decision of Branson J in Blount Inc v Registrar of Trade …
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Better Beer Co, the brainchild of The Inspired Unemployed and Torquay Beverage Co Pty Ltd, has prevailed in a dispute against Brick Lane Brewing over its carb-free beverage branded Better Beer. Brick Lane Brewing commenced proceedings against Better Beer in 2021 alleging that the promotion and sale of Better Beer in a get-up similar to …
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Steinlager markets itself as New Zealand’s finest beer, but its foray into a Japanese style frothie fell a little flat after a trade mark challenge from Asahi Beverages. Lion NZ Ltd launched TOKYO DRY, as part of its Steinlager range in NZ in November 2016. For those beer lovers among us, the brew was described …
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The United States Golf Association (USGA) has been left to green and bear a decision from the Australian Trade Marks Office. The Office ruled that its Australian trade mark application for HANDICAP INDEX was not up to par, with the term found not to be capable of distinguishing USGA’s claimed services, “handicapping for sporting events, …
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Monster Energy Company and its wholly owned subsidiary Reign Beverage Company LLC, (collectively, the Opponents) opposed an application for a device mark in the name of Cheng Shin Rubber co., Ltd. The opposed application was in relation to tires and tire tubes for vehicles, as well as a broad range of other vehicle-related goods.[1] The …
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Business is all about relationships, as they say, and as the decision in Watson v Cosmetic Warriors[1] has shown, relationships can impact how a business can defend its trade mark in a non-use removal action. Watson v Cosmetic Warriors was an appeal from a Registrar’s decision[2] to remove a trade mark registration based on non-use …
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