Enhance your trade mark protection through defensive registration

...not limited to “famous” trade marks and the defensive registration provisions of the Trade Marks Act are under-utilised by trade mark owners. Defensive registrations are not vulnerable to removal on...

No Lucky Break For Nestle’s Kit Kat Shape

…the Trade Marks Act 1995 (Cwth). Mr Williams took the view that the shape trade mark was “not a trade mark at all, it is a functional shape of the…

Could Robin Hood get a trade mark registration?

...The “Robin Hood test” for bad faith means that someone “with low standards” cannot obtain trade mark registration when a person with reasonable standards cannot. In Ceravolo Premium Wines Pty...

POF Seminar: Swatting the squatter – What to do when somebody steals your trade mark

...trade mark application for another party’s registered trade mark, in a country where the other party does not hold a trade mark registration. The squatter attempts to benefit from the...

A milestone for trade mark non-use applications

Saturday, 24 February 2024, marks a milestone for Australian trade mark registrations. Amendment to s.93(2) of the Trade Marks Act provided that applications for cancellation of a trade mark registration...

MIPLaw

Lisa is a member of our trade marks team and has over a decade of experience providing advice to local and overseas clients on a wide range of contentious and non-contentious matters. She has extensive experience in the prosecution and enforcement of local and global trade mark portfolios, and is recognised for her pragmatic and commercially focussed approach.

Court Flips on Trade Mark Food Fight

…overturned the trial judge’s decision that Channel had no intention to use the trade mark or authorise use of the trade mark at the filing date of the application and…