TMO gives ENO owner indigestion

The Trade Marks office has rejected Beecham’s opposition to registration to three trade mark applications in the name of ADM consisting of or containing the word ENOVA in Beecham Group Plc v ADM Kao LLC [2009] ATMO 61.

Battle of the Birds

The Australian Trade Marks Office in Lodestar Anstalt v Austin Nichols[2009] ATMO 38 has ordered that trade mark number 839740 for WILD GEESE in classes 32 and 33 be partially removed following two removal applications filed by Austin Nichols and Co, Inc (”Austin”) and Wild Geese Wines Pty Ltd (”WGW”) respectively.

Changes to the online process for NZ trade mark applications

The Intellectual Property Office of New Zealand (IPONZ) is introducing changes to the process for applying for trade marks online. From the 11th of August 2009, applicants will need to be a registered user of the system in order to apply for a trade mark online. This change has been made to standardise the application …
>> Read more

LOVOL v VOLVO

Volvo has been unsuccessful in its opposition to the registration of LOVOL in respect of, inter alia, automobiles, with the Trade Marks Office finding that LOVOL was not deceptively similar to VOLVO in Volvo Trademark Holding AB v Hebei Aulion Heavy Industries Co Ltd [2009] ATMO 46.

McDonald’s fails against “arch” enemy

McDonald’s International Property Company Ltd was unsuccessful in its opposition to the registration of the trade mark in classes 16, 25, 29, 30, 32, 35 and 43 in AJ Enterprises (Aust) Pty Ltd v McDonald’s International Property Company Ltd [2009] NZIPOTM 12.

The Coca-Cola Company prevails over NAUGHTY MOTHER

The Coca-Cola Company has successfully opposed the registration of the trade mark NAUGHTY MOTHER in respect of non-alcoholic beverages in The Coca-Cola Company v Matthew Shea [2009] ATMO 49. The Coca-Cola Company relied on its three prior registrations for the trade mark MOTHER and device in support of the ground of opposition raised under section 44. The …
>> Read more

Bad faith doesn’t require dishonesty

The Trade Marks Office decision in Bombala Council v Peter Wilkshire[2009] ATMO 33 suggests that the section 62A ground of opposition in relation to applications made in bad faith may have quite broad application and seems to confirm the approach taken in the first Office decision on the ground in Hard Coffee Pty Ltd v Hard Coffee Main …
>> Read more

IPONZ makes some changes to trade marks practice

IPONZ has reviewed its practice of examining specifications of goods or services in line with international best practice.  Trade Mark Examiners will no longer object to the unqualified goods “personal care products” in class 3 or to the unqualified services “tourism services” and “tourist services” when those descriptions appear in classes 39, 41, or 43.   …
>> Read more

IP Australia announces new state-based lodgement arrangements

IP Australia has announced that a designated Australia Post office in each state and the Northern Territory will become the lodgement centre for documents and payment of fees relating to registered IP rights and new applications. The rolling transition will commence in September 2009 with Tasmania and conclude by August 2010.

Facebook facilitates registration of trade marks as user names

Facebook has announced that it is allowing Facebook page administrators to for trade marks previously blocked by them. It appears that the first applicant for a trade mark held by a number of people (in different classes or jurisdictions) is more likely to be successful, although Facebook reserves the right to remove or reallocate a name …
>> Read more