Trademarks

Battle of the Birds

The Australian Trade Marks Office in Lodestar Anstalt v Austin Nichols[2009] ATMO 38 has ordered that trade mark number 839740 for WILD GEESE in classes 32 and 33 be partially removed following two removal applications filed by Austin Nichols and Co, Inc (”Austin”) and Wild Geese Wines Pty Ltd (”WGW”) respectively.

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Trademarks

LOVOL v VOLVO

Volvo has been unsuccessful in its opposition to the registration of LOVOL in respect of, inter alia, automobiles, with the Trade Marks Office finding that LOVOL was not deceptively similar to VOLVO in Volvo Trademark Holding AB v Hebei Aulion Heavy Industries Co Ltd [2009] ATMO 46.

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Trademarks

The Coca-Cola Company prevails over NAUGHTY MOTHER

The Coca-Cola Company has successfully opposed the registration of the trade mark NAUGHTY MOTHER in respect of non-alcoholic beverages in The Coca-Cola Company v Matthew Shea [2009] ATMO 49. The Coca-Cola Company relied on its three prior registrations for the trade mark MOTHER and device in support of the ground of opposition raised under section 44. The [...]

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Trademarks

Bad faith doesn’t require dishonesty

The Trade Marks Office decision in Bombala Council v Peter Wilkshire[2009] ATMO 33 suggests that the section 62A ground of opposition in relation to applications made in bad faith may have quite broad application and seems to confirm the approach taken in the first Office decision on the ground in Hard Coffee Pty Ltd v Hard Coffee Main [...]

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Legal-Services

Government inquiry recommends change to book protection

The Productivity Commission, the Australian Government’s independent research and advisory body on a range of economic, social and environmental issues, has recommended the removal of the current Parallel Import Restrictions (PIRs) for books. The Commission recommends that repeal should take effect three years after the date that it is announced. The PIRs form part of Australia’s Copyright [...]

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Trademarks

IPONZ makes some changes to trade marks practice

IPONZ has reviewed its practice of examining specifications of goods or services in line with international best practice.  Trade Mark Examiners will no longer object to the unqualified goods “personal care products” in class 3 or to the unqualified services “tourism services” and “tourist services” when those descriptions appear in classes 39, 41, or 43.   [...]

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