Our most recent Trade Mark articles are listed below:
20 November 2007
Changes affecting trade marks in the United Kingdom and Europe
Changes have occurred in the way trade marks are examined in the United Kingdom. The changes require a higher degree of proactivity to protect and maintain your United Kingdom and European Community trade marks.
24 April 2007
Recent changes to the Trade Marks Act 1995 — Key practice issues
In this article, we discusses several key changes to the Trade Marks Act 1995 implemented through the Trade Marks Amendment Act 2006 and the Intellectual Property Law Amendment Act 2006.
15 February 2007
Tell us more! Proposal for more franchisor disclosures
The government proposes to require franchisors to make more extensive disclosures to franchisees, adopting the majority of the Franchising Code Review Committee’s recommendations.
24 August 2006
The new European proposal for GIs: background and issues
Geographical indications (GIs) are names or signs used to identify products as originating in a particular country, town or region. A GI acts as something of a guarantee of quality and distinctiveness of a product which stems from the locality of its production.
21 July 2006
Upcoming changes to Australian trade mark law
Proposed legislation, expected to be introduced towards the end of 2006, will result in a number of enhancements to the rights of Australian trade mark owners.
02 May 2006
Purple chocolate
In a decision given on 27 April, the Federal Court has refused Cadbury’s application to stop Darrell Lea from using the colour purple in its sale of chocolate. The case illustrates the significant difficulties in enforcing rights in a particular colour.
01 May 2006
Where Colorado meets Colorado — whose trade mark wins?
After more than 15 years of overlapping use of the trade mark Colorado, two retailers looked to the Federal Court to resolve who had superior rights.
25 January 2006
Government announces response to ACIP report on trade mark enforcement
The Australian government has responded to the recommendations made by the Advisory Council on Intellectual Property (ACIP) for clarity of trade mark rights and certainty of trade mark enforcement. Nine of ACIP’s recommendations have been accepted and will be implemented by the Australian Trade Marks Office. The government has announced alternative strategies for those recommendations which were not accepted.
20 December 2005
No trade mark use, no infringement — Christodoulou v Disney Enterprises, Inc
A trade mark infringement action taken against Disney Enterprises Inc by a Melbourne-based writer, Savvas Christodoulou, has fallen at the first hurdle.
25 November 2005
Feta or 'white cheese soaked in brine'?
Feta is no longer a term that can be used freely in Europe to describe a type of cheese. This may ultimately affect how the term is used throughout the world. Perhaps more importantly, this is a further example of how protection for GIs is expanding in Europe.
24 November 2005
ACCC ends the party for SCHOOLIES trade mark owner
School may be out for thousands of school leavers currently flocking to Queensland to celebrate schoolies week, but the Australian Competition and Consumer Commission has ended the party for Break Free Holidays, the registered owner of the SCHOOLIES trade mark in six classes since 1992.
19 October 2005
Trade marks on the run
In September 2005, in the decision of Shahin Enterprises Pty Ltd v ExxonMobil Oil Corporation, the Federal Court of Australia identified the degree of use sufficient (and indeed insufficient) to give rise to ownership rights in a trade mark.
13 July 2005
Nestlé gets a break in slogan battle
The European Court of Justice has ruled in favour of Société des produits Nestlé SA in its battle with Mars UK Limited over the registration of the 'HAVE A BREAK' slogan.
29 April 2005
Warding off internet trade mark infringers
The issue of whether the offer of goods on websites that are based overseas can amount to trade mark infringement in Australia has recently been addressed by the Federal Court in Ward Group Pty Ltd v Brodie & Stone plc (April 2005). The court clarified when an Australian trade mark owner can take legal action.
