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JE SUIS CHARLIE, but it is not a trade mark
  • King & Wood Mallesons
  • Australia
  • January 21 2015

On 9 January 2015, a US trade mark application was filed for JE SUIS CHARLIE by a trust from California. An Australian application for JESUISCHARLIE


Coconut Culture clubbed in trade mark non-use action
  • Watermark Patent & Trade Marks Attorneys
  • Australia
  • January 23 2015

The case of Suzanne Malone v Stance Global Pty Ltd 2014 ATMO 115 (9 December 2014), involved an opposition to a non-use removal action. The


Apple is unable to own the “APP STORE” trade mark in Australia
  • FAL Lawyers
  • Australia
  • December 8 2014

Apple has lost an appeal to the Australian Federal Court to register its "APP STORE" trade mark in Australia because its trade mark is unable to


Cancel that order! High Court refuses cancellation of coffee trade marks containing descriptive foreign words
  • Norton Rose Fulbright LLP
  • Australia
  • December 9 2014

A recent decision of the High Court of Australia has clarified the ability of brand owners to register and protect trade marks which have descriptive


Clayton Utz wins on same test for foreign and English words as trade marks in High Court
  • Clayton Utz
  • Australia
  • December 3 2014

There is no special test for using foreign words as a trade mark - the ordinary test for inherent adaptability to distinguish will apply, following


Australian trade mark non-use proceedings round-up 4 December 2014
  • Phillips Ormonde Fitzpatrick
  • Australia
  • December 9 2014

An Australian Trade Mark Non-Use Proceedings Round-Up from the Trade Mark Office Journal dated 4 December 2014. If you wish to start any non-use


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


Name of tomato variety can be registered as trademark
  • Shelston IP
  • Australia
  • December 9 2014

In Mastronardi Produce Ltd v Registrar of Trademarks (2014 FCA 1021, September 19 2014), Mastronardi Produce Limited has succeeded in an appeal


Apple Inc.'s APP STORE mark still lacks any capacity to distinguish
  • Watermark Patent & Trade Marks Attorneys
  • Australia
  • December 4 2014

In March 2013 we reported that Apple Inc. ("Apple") had appealed a decision of the Australian Trade Marks Office to refuse Apple's application to