IPwars.com

Mainly intellectual property (IP) issues Down Under

My Angel is a …*

Centrefold Entertainment’s registration of CENTREFOLD for adult entertainment services has been revoked as not capable of distinguishing

Primary Health Care is not registrable as a trade mark

You will probably not be surprised to discover that PRIMARY HEALTH CARE is not registrable as a trade mark. You may, however, be surprised that the successful challenger was the Commonwealth of Australia. Primary Health Care Limited (PHC) applied to register PRIMARY HEALTH CARE and in class 35 for:[1] Medical centre business management; medical centre business administration; service provider to medical professionals, namely provider of: administrative support services, billing and.. Read More

Sir Walter …

Yates J has upheld the Registrar’s refusal to register SIR WALTER for buffalo grass in class 31 on the grounds it lacked any capacity to distinguish and was not in fact distinctive.

ORO and CINQUE STELLE are registrable as trade marks for coffee in Australia

The High Court rules that ORO and CINQUE STELLE are inherently adapted to distinguish coffee and so registrable as trade marks in Australia.

ZIMA trade mark again

Why ZIMA was successfully registered and how to keep it distinctive

Zima is a registrable trade mark

Gordon J has overturned the Registrar’s refusal to register ZIMA as a trade mark for tomatoes and directed its registration

An oro stamp and cinque stelle (or maybe not)

Do the Italian words “oro” and “cinque stelle” lack sufficient capacity to distinguish coffee in Australia to be registered as a trade mark?

A coffee free-for-all and a trade mark cancellation

Last month, the Full Court overturned the trial Judge’s ruling that Modena had infringed Cantarella’s registered trade marks for ORO and CINQUE STELLA for coffee. Instead, revoking the registrations on the basis that they were not capable of distinguishing. Barrister Sue Gatford provides another guest post explaining why.

The Raising the Bar Bill

Senator Carr introduced the Intellectual Property Laws (Raising the Bar) Bill 2011 into Parliament today. Press release Download the text of the Bill and EM from here (choose your own format). You will remember that (according to the Press Release) the main objects of the Bill include: raising patent standards to ensure Australian innovators are well placed to take their inventions to the world; increasing penalties for trade mark counterfeiters;.. Read More

More on ‘Whiskas Purple’ TM

Tim Golder, a partner at AAR, and Sandi Montalto have published an article with their take on the Federal Court’s recent decision directing that Mars’ trade mark application for the colour ‘Whiskas Purple’ proceed to registration.

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