News

AUSTRALASIA

13th Apr 2021

Mother of a trade mark dispute continues with removal of Energy Beverages’ registration

Energy Beverages LLC v Cantarella Bros Pty Limited ATMO 198 (21 December 2020) In the latest decision in an ongoing dispute, Cantarella Bros Pty Limited applied to remove the...

Energy Beverages LLC v Cantarella Bros Pty Limited ATMO 198 (21 December 2020) In the latest decision in an...

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AUSTRALASIA

24th Nov 2020

Australia: Bacardi & Company Limited v Dickinson Distribution Group Pty Ltd [2020] ATMO 117 (1 July 2020)

Bacardi & Company Limited, the owner of Bombay Sapphire Gin, recently tried to prevent the registration of the ROYAL BOMBAY PREMIUM LAGER trade mark for goods in class 32...

Bacardi & Company Limited, the owner of Bombay Sapphire Gin, recently tried to prevent the registration of the ROYAL...

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AUSTRALASIA

24th Nov 2020

Australia: Rolex SA v LG Display Co Ltd [2020] ATMO 136 (13 August 2020)

LG Display Co., Ltd applied to register the ROLED trade mark for a variety of goods in class 9 including “wrist mounted telecommunication machines and implements being watches”. Rolex...

LG Display Co., Ltd applied to register the ROLED trade mark for a variety of goods in class 9...

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AUSTRALASIA

24th Nov 2020

Australia: Shiseido Co Ltd v Dr. Kurt Wolff GmbH [2020] ATMO 128 (30 July 2020)

Shiseido failed to defend its TUNING COLOR GROUP registration against removal for non-use. Dr. Kurt Wolff GmbH & Co KG applied for removal of the TUNING COLOR GROUP registration owned...

Shiseido failed to defend its TUNING COLOR GROUP registration against removal for non-use. Dr. Kurt Wolff GmbH & Co KG...

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AUSTRALASIA

6th Aug 2020

Costs consequences for not following the “rules” in a trade mark opposition

Monster Energy Company v Mixi, Inc NZIPOTM 10 This decision reminds parties in an opposition to “follow the rules” when filing evidence and complying with pre-hearing directions or risk...

Monster Energy Company v Mixi, Inc NZIPOTM 10 This decision reminds parties in an opposition to “follow the rules”...

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AUSTRALASIA

6th Aug 2020

Battle of the IRON CHEF trade marks

Fuji Television Network Inc v Iron Chef Pizza Pty Ltd (2020) ATMO 107 (18 June 2020)  This decision concerns an opposition by Fuji Television Network Inc (“Fuji Television”) to an...

Fuji Television Network Inc v Iron Chef Pizza Pty Ltd (2020) ATMO 107 (18 June 2020)  This decision concerns an...

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AUSTRALASIA

6th Aug 2020

LION: film titles as a sign of artistic origin but not a trade mark

Long Way Home Holdings Pty Ltd v Saroo Brierley Enterprises Pty Ltd ATMO 109 (23 June 2020)  A recent Australian Trade Marks Office decision has confirmed that the name...

Long Way Home Holdings Pty Ltd v Saroo Brierley Enterprises Pty Ltd ATMO 109 (23 June 2020)  A recent...

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AUSTRALASIA

1st Apr 2020

Re Hilton Worldwide Holding LLP [2020] ATMO 20

The word “TAPESTRY” has been held to not be, to any extent, inherently adapted to distinguish “arranging and conducting of live exhibitions, functions, conferences, conventions, seminars and meetings in the fields of...

The word “TAPESTRY” has been held to not be, to any extent, inherently adapted to distinguish “arranging and conducting of live...

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1st Apr 2020

MBIP Nominees Pty Ltd as trustee for the Mecca Brands IP Unit Trust v Meeka Pty Ltd [2020] ATMO 13

A registration for has failed to prevent the registration of the trade mark for goods in class 3. MBIP Nominees, the owner of the trade mark filed an...

A registration for has failed to prevent the registration of the trade mark for goods in class...

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AUSTRALASIA

19th Dec 2018

Second Time’s a Charm for Red Energy

Red Energy Pty Ltd, an energy retailer, applied to register the mark EVENPAY for a range of goods and services including “financial services” in class 36. An objection...

Red Energy Pty Ltd, an energy retailer, applied to register the mark EVENPAY for a range of goods and...

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AUSTRALASIA

19th Dec 2018

Successful Defence of an International Mark for Sumol

Sumol+Colpal Marcas S.A. (“Sumol”) has successfully defended a non-use removal proceeding against its Sumol mark registration by relying on use of the registered trade mark with additions or alternations...

Sumol+Colpal Marcas S.A. (“Sumol”) has successfully defended a non-use removal proceeding against its Sumol mark registration by relying on...

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AUSTRALASIA

24th Sep 2018

New Zealand Update – Another Costly Opposition for Monster Energy

Monster Energy Company opposed registration of trade mark application No. 1039137 UNLEASH YOUR POWER in Class 30, owned by Nutrition Fit 2004, Limited. Monster Energy’s opposition was based...

Monster Energy Company opposed registration of trade mark application No. 1039137 UNLEASH YOUR POWER in Class 30, owned by...

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