More on ‘Whiskas Purple’ TM
Tim Golder, a partner at AAR, and Sandi Montalto have published an article with their take on the Federal Court’s recent decision directing that Mars’ trade mark application for the colour ‘Whiskas...
View ArticleThe Raising the Bar Bill
Senator Carr introduced the Intellectual Property Laws (Raising the Bar) Bill 2011 into Parliament today. Press release Download the text of the Bill and EM from here (choose your own format). You will...
View ArticleA coffee free-for-all and a trade mark cancellation
Last month, the Full Court overturned the trial Judge’s ruling that Modena had infringed Cantarella’s registered trade marks for ORO and CINQUE STELLA for coffee. Instead, revoking the registrations on...
View ArticleAn oro stamp and cinque stelle (or maybe not)
Do the Italian words "oro" and "cinque stelle" lack sufficient capacity to distinguish coffee in Australia to be registered as a trade mark?
View ArticleZima is a registrable trade mark
Gordon J has overturned the Registrar's refusal to register ZIMA as a trade mark for tomatoes and directed its registration
View ArticleZIMA trade mark again
Why ZIMA was successfully registered and how to keep it distinctive
View ArticleORO and CINQUE STELLE are registrable as trade marks for coffee in Australia
The High Court rules that ORO and CINQUE STELLE are inherently adapted to distinguish coffee and so registrable as trade marks in Australia.
View ArticleSir Walter …
Yates J has upheld the Registrar’s refusal to register SIR WALTER for buffalo grass in class 31 on the grounds it lacked any capacity to distinguish and was not in fact distinctive.
View ArticlePrimary Health Care is not registrable as a trade mark
You will probably not be surprised to discover that PRIMARY HEALTH CARE is not registrable as a trade mark. You may, however, be surprised that the successful challenger was the Commonwealth of...
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My Angel is a …*
Rares J has ordered that Centrefold Entertainment’s trade mark registration for CENTREFOLD, No 1695466, be expunged from the Register on the grounds that it is not capable of distinguishing...
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Bohemia Crystal shattered
Like MICHIGAN for farm equipment and OXFORD for books, Burley J has ordered that Bohemia Crystal’s trade marks, BOHEMIA and BOHEMIA CRYSTAL be revoked because they are not distinctive of “glassware”....
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