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Australian trade mark non-use proceedings round-up 22 January 2015
  • Phillips Ormonde Fitzpatrick
  • Australia
  • January 28 2015

An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 22 January 2015. If you wish to start any non-use


It's time to review your brands and trade marks!
  • McCullough Robertson
  • Australia
  • January 29 2015

When was the last time you reviewed your brand and trade mark portfolio in Australia and overseas? Are all of the brands used by your business


Plain packaging in the age of obesity and Free Trade Agreements ?
  • HopgoodGanim
  • Australia
  • December 16 2014

According to a 2011 Forbes article, the value of the Google trade mark is US$44.3 billion (as at 2011, when the article was written). People overlook


High Court gives new guidance on registrability of foreign language trade marks
  • Fisher Adams Kelly Callinans
  • Australia
  • December 17 2014

In the final chapter of the Italian coffee saga, the majority of the High Court has ruled that the Italian words ORO (meaning “gold”) and CINQUE


From the register to the dictionary: the treatment of generic trade marks in Australia
  • Corrs Chambers Westgarth
  • Australia
  • April 28 2015

Consumers are familiar with the phenomenon of famous brands being elevated to shorthand substitutes for branded products or services. Marks like


ZIMA tomato trade mark far from rotten
  • The Commercial Bar Association of Victoria
  • Australia
  • November 25 2014

In Mastronardi Produce Ltd v Registrar of Trade Marks 2014 FCA 1021 (19 September 2014) Justice Gordon has overturned a decision of the Registrar


New rules for determining availability of a business name
  • FB Rice
  • Australia
  • August 7 2015

Registration of a business name is managed under the Business Names Registration Act 2011. The rules for determining whether a business name is


The art of concealment: use of a competitor’s trade marks in metatags held not to amount to copyright or trade mark infringement in Canada
  • King & Wood Mallesons
  • Canada, Australia
  • April 8 2015

The Federal Court of Canada recently handed down a decision which squarely examines whether the use of metatags can constitute copyright or trade


Trade mark or common place word? Cantarella Bros Pty Limited v Modena Trading Pty Limited High Court determines trade mark dispute over use of foreign words for coffee products
  • Addisons
  • Australia
  • December 8 2014

The High Court of Australia has delivered its decision in Cantarella Bros Pty Limited v Modena Trading Pty Limited (Cantarella Case). In doing so


Are CINQUE STELLE and ORO inherently distinctive? High Court says yes
  • Allens
  • Australia
  • December 3 2014

In a 4:1 judgement handed down this morning in Cantarella Bros Pty Limited v Modena Trading Pty Limited 2014 HCA 48, the High Court of Australia