Centrefold Entertainment’s registration of CENTREFOLD for adult entertainment services has been revoked as not capable of distinguishing
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: Medical centre business management; medical centre business administration; service provider to medical professionals, namely provider of: administrative support services, billing and.. Read More
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.
The High Court rules that ORO and CINQUE STELLE are inherently adapted to distinguish coffee and so registrable as trade marks in Australia.
Why ZIMA was successfully registered and how to keep it distinctive
Gordon J has overturned the Registrar’s refusal to register ZIMA as a trade mark for tomatoes and directed its registration
Do the Italian words “oro” and “cinque stelle” lack sufficient capacity to distinguish coffee in Australia to be registered as a trade mark?
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.
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
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.