In Australian Climate Exchange Ltd v Chicago Climate Exchange Inc [2009] ATMO 60 the Trade Marks Office considered the nature of use that a party must show to establish that it has a valid claim to ownership of a trade mark as well as the ground of opposition under section 58 of the Trade Marks Act 1995 relating to lack …
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Cantarella Bros Pty Limited (“Cantarella”) has successfully opposed a trade mark application for an image of a cup of coffee (as shown below) in respect of coffee, coffee extracts, coffee-based preparations and beverages and various other goods in Class 30 filed in the name of Société des Produits Nestlé S.A. (“Nestle”) in Cantarella Bros Pty Ltd …
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The New Zealand Court of Appeal has affirmed the decision by the Assistant Commissioner and the New Zealand High Court to dismiss Intellectual Reserve Inc’s trade mark opposition in Intellectual Reserve Inc v Sintes[2009] NZCA 305. The appellant, Intellectual Reserve Inc, is the owner of a number of trade mark registrations for either the word mark …
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Berenger Blass Wine Estates, now known as Foster’s Wine Estates Limited (Fosters) has successfully opposed a trade mark application for REGIONS in respect of alcoholic beverages including wine in Class 33 filed in the name of Andrew Harris (Harris) in Blass Wine Estates v Andrew Harris [2009] ATMO 52 (9 July 2009). The only ground of opposition …
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IPONZ has rejected an opposition by Foster’s Group Pacific Limited to the registration of the trade marks shown below filed in the name of Flour Mills of Fiji Limited in Flour Mills of Fiji Limited v Foster’s Group Pacific Limited[2009] NZIPOTM 15.
The Australian Competition and Consumer Commission has issued a timely reminder that trade mark and domain name owners should exercise caution before paying what appear to be renewal notices. There are a growing number of services issuing documents that look like invoices for listing registrations in registers that offer no benefit to owners. Recipients of such notices …
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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.
