News

AUSTRALIA

11th Dec 2025

Australia | When fitness meets IP: Can you trade mark an exercise move?

Fitness culture has exploded across social media, with the benefits of health and well-being becoming integral to people’s daily routines, identities and lifestyles. While successful influencers have enormous global...

Fitness culture has exploded across social media, with the benefits of health and well-being becoming integral to people’s daily...

Read More

AUSTRALIA

21st May 2024

Protecting your brand from counterfeits

In January 2024, the EU Intellectual Property Office (EUIPO) released a robust study to assess the economic impact of counterfeiting in sales and employment in the clothing (including footwear),...

In January 2024, the EU Intellectual Property Office (EUIPO) released a robust study to assess the economic impact of...

Read More

AUSTRALASIA

28th Oct 2021

Insta, the power of a prefix – Instagram successfully opposes registration of INSTADATE

(Businesses should avoid adopting trade marks that contain elements that indicate well-known trade marks) Instagram LLC v Instagoods Pty Ltd ATMO 53 (16 June 2021) Instagram is often referred to...

(Businesses should avoid adopting trade marks that contain elements that indicate well-known trade marks) Instagram LLC v Instagoods Pty Ltd...

Read More

AUSTRALASIA

1st Apr 2020

Penfolds and Ben Fu – Chinese language trade marks and what they mean for you

China is Australia’s largest trading partner. As trade with China grows, more and more Australian businesses are including China in their business strategies. An important issue for any business...

China is Australia’s largest trading partner. As trade with China grows, more and more Australian businesses are including China...

Read More

AUSTRALASIA

18th Dec 2019

Energy Beverages LLC v Cantarella Bros Pty Ltd [2019] ATMO 150

Energy Beverages LLC (“Energy Beverages”) opposed trade mark application No. 1819816 for the mark MOTHERSKY (“Opposed Mark”) for “coffee; coffee beans; chocolate” goods in class 30 and “coffee roasting; coffee grinding” services in...

Energy Beverages LLC (“Energy Beverages”) opposed trade mark application No. 1819816 for the mark MOTHERSKY (“Opposed Mark”) for “coffee; coffee beans;...

Read More

AUSTRALASIA

18th Dec 2019

Caterpillar Inc v FCA US LLC [2019] ATMO 148

Caterpillar Inc (“Caterpillar”) opposed registration of trade mark application Nos. 1883749 and 1895918 for the marks HELLCAT (“Opposed Mark”) in class 12 for motor vehicle and engine goods in...

Caterpillar Inc (“Caterpillar”) opposed registration of trade mark application Nos. 1883749 and 1895918 for the marks HELLCAT (“Opposed Mark”)...

Read More

AUSTRALASIA

27th Aug 2019

Caterpillar Inc V Puma SE [2019] ATMO 99 (28 June 2019)

Caterpillar Inc (“Caterpillar”) opposed registration of trade mark application No. 1803303 for the mark PROCAT (stylised) in classes 18 and 25 in the name of Puma SE (“Puma”). Caterpillar’s...

Caterpillar Inc (“Caterpillar”) opposed registration of trade mark application No. 1803303 for the mark PROCAT (stylised) in classes 18...

Read More

27th Aug 2019

Kellogg Company v Societe des Produits Nestle S.A. [2019] NZIPOTM 17 (28 June 2019)

Societe des Produits Nestle S.A. (“Nestle”) opposed trade mark application No. 967881 for a shape mark, being a bolt shape cereal known as Nutri-Grain (the “Nutri-Grain mark”), in class 30 in the...

Societe des Produits Nestle S.A. (“Nestle”) opposed trade mark application No. 967881 for a shape mark, being a bolt shape cereal...

Read More