The Federal Court has recently dismissed three appeals[1] against Trade Marks Office opposition decisions relating to marks including the word “Mother”. One of these cases involved the question of a lack of intention to use the mark MOTHER LOADED ICED COFFEE in relation to inter alia, flavoured milk. Despite the fact that: the filing of …
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The United Arab Emirates (UAE) is the latest member state to join the Madrid System for the registration of international trade marks. This means that as of 28 December 2021 trade mark applicants who apply for an international trade mark registration, or have an existing international trade mark registration under the Madrid System, can designate …
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The .au Domain Administration Ltd (auDA), which administers rules for .au domain names, is changing the eligibility requirements for a domain name registrant having an Australian presence. These changes take effect from 12 April 2021, and may affect the validity of existing “.com.au” and “.net.au” domain name registrations. The .com.au and .net.au domain names are …
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In a recent Australian Trade Mark Office decision, Fuji Television Network Inc, owner of the television show IRON CHEF, has failed in its bid to prevent the registration of IRON CHEF in respect of online food deliveries by Iron Chef Pizza Pty Ltd. Iron Chef is a Japanese themed cook-off television show with a cult following. The …
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In the rush to file a trade mark application, it is important not to overlook the issue of copyright ownership where a mark includes an artistic work such as a logo. In Mia Nathan-Joyce[1], the Assistant Commissioner upheld the trade mark examiner’s objection to registration of a logo trade mark on the basis that its …
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IP Australia – Business as usual It is still business as usual at IP Australia. However, changes have been made to in person services in wake of COVID-19 restrictions such as hearings and in person payment/ lodgement. Most IP Australia personnel are now working from home. The latest update from 1 April 2020 is reproduced …
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We’re delighted to announce that POF has achieved a Tier 1 ranking for Trade Mark Prosecution in the 2020 Managing Intellectual Property (MIP) IP Stars awards. This is the seventh consecutive year that we’ve achieved a tier 1 ranking. This reflects the calibre and dedication of our trade mark attorneys to deliver excellent results, and …
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After long negotiations between the United Kingdom and the European Union, the UK has exited the EU as of 31 January 2020 and entered an 11-month transition period from 1 February to 31 December 2020. During this period, the UK will continue to operate under the laws of the EU, including those in relation to …
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On 27 September 2019, Malaysia became the latest country to join the Madrid Protocol which provides for the international registration of trade marks. It became the 106th Member of the Protocol, which now covers 122 countries. Applicants from any of the 106 Members, including Australia, will now be able to file multi-national trade mark applications …
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A number of provisions of the Trade Marks Act refer to the concept of “substantially affecting the identity” of a mark. These provisions relate to whether use of an amended mark counts as use of the mark as registered; whether a pending application is “substantially identical” to a prior mark; whether amendment can be made …
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