Red Energy Pty Limited v Registrar of Trade Marks [2018] FCA 1449 A recent decision of Justice Beach in the Federal Court may have breathed new life into appeals from Trade Marks Office decisions during prosecution. Background Energy retailer Red Energy filed Australian Trade Mark Application No. 1746950 for the mark EVENPAY for various goods …
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Australian Federal Court not impressed with parallel AU/US proceedings Earlier this year, in a decision¹ made by O’Callaghan J of the Federal Court of Australia, Kraft was restrained from proceeding with arbitration proceedings against Bega in the US. The dispute arose in the context of the sale and promotion of BEGA branded peanut butter produced …
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The power of the Registrar to correct errors appearing in the Trade Marks Register appears to have been curtailed by the recent decision of the Full Court in Vokes v Laminar Air Flow[1]. Vokes was the original owner of a series of trade marks however, an incorrectly filed change of name form (in circumstances where …
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The Marvel franchise has enjoyed unprecedented box office success over the last decade, culminating in numerous films, TV series and other digital media. The most famous of these films focussing on The Avengers, Marvel Studios’ mascot super heroes. For a shared fictional universe as vast as the one Marvel Studios (Marvel) have presented, there have …
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Crystal from Bohemia has a long history of recognition for its high quality of craftsmanship and innovative designs. Chances are you’ve probably noticed it gathering dust on your grandma’s mantelpiece. However, in Australia, it has been involved in a trade mark tussle resulting in the marks BOHEMIA and BOHEMIA CRYSTAL being struck off the Register. …
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Did you know that trade mark applications can be opposed on the ground that the application was made in “bad faith”? This is a vague sort of concept, with the test being that the decision to apply for the mark “would be regarded as in bad faith by persons adopting proper standards” – but you …
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The Trade Marks Office recently handed down a decision to register a trade mark for the name of the inventor of the sandwich. What follows is a tale of 18th century aristocrats, US chain restaurants and an independent, Aussie café… Flashback: the year is 1792 and nobleman Lord John Montagu, 4th Earl of Sandwich, is …
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Overseas trade mark owners seeking to challenge an Australian trade mark application similar to their own will often need to rely on a claim to being the true owner of the mark in Australia. A number of recent decisions applying a more liberal interpretation of the requirement of ‘substantially identical’ under section 58 of the …
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In Bohemia Crystal Pty Ltd v Host Corporation Pty Ltd [2018] FCA 235, Host Corp successfully revoked BCP’s trade mark registrations for BOHEMIA and BOHEMIA CRYSTAL on the basis that neither mark was to any extent adapted to distinguish goods including glassware, nor had they become factually distinctive by reason of their use. On the …
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Amazon has been named the world’s most valuable brand in Brand Finance’s Global 500 2018 Report. It tipped out Apple and Google for the prize. Locally, Telstra, the Commonwealth Bank and ANZ rounded out the Australian top three. On a regional basis, Mercedes-Benz ranks as Europe’s most valuable brand, Amazon as North America’s, the petroleum …
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