Approximate turnaround times for trade mark examination at IPONZ are as follows: New applications – examined within 5 business days Consideration of Applicant’s response (formalities issues) – 1 month Consideration of Applicant’s response (substantive issues) – 4-6 months Consideration of Applicant’s response (with evidence of use) – 12 months Issuing final rejection notice – 12 …
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Since 1991 Health World Limited (“Health World”), had manufactured and sold a medicine product which it called Inner Health Powder. In 2000 it commenced sale of a similar product called INNER HEALTH PLUS and in September 2001 applied to register that name as a trade mark. However, in May 2001 Shin-Sun Australian Pty Ltd (“Shin-Sun”) …
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It is now possible to amend the statement of goods/services for an IR through IP Australia, rather than just deleting items. Previously, IP Australia would only delete goods (e.g. “cars and trucks” to “cars”) but would not allow an amendment (eg “motor vehicles” to “motor vehicles excluding trucks” or to “cars”). An amendment formerly had …
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Colorado Group Limited v Strandbags Group Pty Ltd [2007] FCAFC 184 involved the concurrent use of the trade mark “Colorado” by different retailers, Colorado Group and its predecessor in title (together “CG”) and Strandbags and its predecessor in title (together “Strandbags”). CG obtained trade mark registration for “Colorado” from 2001 for goods including bags, wallets, …
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In the recent decision of Austin, Nichols Inc v Stichting Lodestar [2007] NZSC 41, the Supreme Court of New Zealand has clarified the weight that should be given to the decision of the Commissioner of Trade Marks by the High Court on an appeal. Background An application for the trade mark WILD GEESE in respect …
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