AUSTRALASIA
Supacat Limited v Caterpillar Inc. (2014) ATMO 104
Caterpillar applied for removal of Supacat’s registration no. 1098554 SUPACAT in Class 12 on the grounds of non-use. Registration 1098554 covered “wheeled military vehicles; off road vehicles; vehicles for...
Caterpillar applied for removal of Supacat’s registration no. 1098554 SUPACAT in Class 12 on the grounds of non-use. Registration...
Read More
AUSTRALASIA
Midmark Corporation v Ritter Concept GmbH [2014] ATMO 106
The Opponent (Midmark Corporation) was successful in its opposition to extension of protection for an International Registration Designating Australia (IRDA) filed in the name of Ritter Concept Gmbh. The...
The Opponent (Midmark Corporation) was successful in its opposition to extension of protection for an International Registration Designating Australia...
Read More
AUSTRALASIA
Parish of Pokolbin Incorporated [2014] ATMO 98
This decision concerned an application for the certification trade mark PARISH OF POKOLBIN for alcoholic beverages in class 33 and various tourism, entertainment, accommodation and restaurant services in classes...
This decision concerned an application for the certification trade mark PARISH OF POKOLBIN for alcoholic beverages in class 33...
Read More
AUSTRALASIA
Negro International Pty Ltd v Winstons Wine Pty Ltd [2014] ATMO 102
This matter concerned an application by Winston Wine Pty Ltd to restrict, on the basis of non-use, a registration for “alcoholic beverages” in class 33 to “gin”. The registered owner,...
This matter concerned an application by Winston Wine Pty Ltd to restrict, on the basis of non-use, a registration...
Read More
AUSTRALASIA
GlaxoSmithKline LLC, SmithKline Beecham (Australia) Pty Ltd and SmithKline Beecham Limited v AFT Pharmaceuticals Limited [2014] ATMO 100
Application by AFT Pharmaceuticals Limited to register its “PARACETAMOL OSTEO-TAB” trademark was opposed by three companies. Considering section 41 first, the Hearing Officer came to the view that the opposed...
Application by AFT Pharmaceuticals Limited to register its “PARACETAMOL OSTEO-TAB” trademark was opposed by three companies. Considering section 41 first,...
Read More
AUSTRALASIA
Johnson & Johnson v Self Care Corporation Pty Ltd [2014] ATMO 111
The application that was the subject of this matter (ALFREE) was a divisional application from the parent trade mark AlFREE. The divisional was objected to by the Trade Marks...
The application that was the subject of this matter (ALFREE) was a divisional application from the parent trade mark...
Read More
AUSTRALASIA
Bose Corporation v Heino Buse MX Import GmbH [2014] ATMO 110
An International Registration designating Australia for the BÜSE trade mark was opposed by Bose Corporation under sections 44 and 60. Bose relied on its prior BOSE and BOSE RIDE trade...
An International Registration designating Australia for the BÜSE trade mark was opposed by Bose Corporation under sections 44 and...
Read More
AUSTRALASIA
Arrow Research Corporation Pty Ltd v Kabushiki Kaisha Tokyo Torihikisho (Tokyo Stock Exchange Inc.) [2014] ATMO 97
Tokyo Stock Exchange applied to restrict Arrow Research’s ARROWNET registration from ‘computer software’ to ‘computer software excluding computer software for trading financial instruments’. Arrow Research opposed the non-use restriction...
Tokyo Stock Exchange applied to restrict Arrow Research’s ARROWNET registration from ‘computer software’ to ‘computer software excluding computer software...
Read More
AUSTRALASIA
Renaissance Hotel Holdings Inc v Ravida Properties Pty Ltd [2014] ATMO 105
Application by Ravida Properties Pty Ltd to register the trade mark RENAISSANCE LIVING in relation to retirement home services who opposed by Renaissance Hotel Holdings Inc. In its evidence, the...
Application by Ravida Properties Pty Ltd to register the trade mark RENAISSANCE LIVING in relation to retirement home services...
Read More
AUSTRALASIA
Pepsi Takes the Fizz out of the Coke Bottle
A recent decision of the Federal Court emphasises that although shape trade marks have their place, the context in which they are used will affect the scope of protection...
A recent decision of the Federal Court emphasises that although shape trade marks have their place, the context in...
Read More