Combatting Counterfeiters: IP Australia’s “Smart Trade Mark” initiative

Counterfeiting can be a significant problem for brand owners and legitimate rights holders. It directly undermines legitimate business through lost sales revenue and has the potential to strain relationships between IP owners and their licensees. The sale of counterfeit products can also damage the value of the associated brand in various ways. This could be

A practical guide: Commonly asked questions during patent prosecution in Australia and New Zealand

Patent attorneys in Australia and New Zealand, so-called Trans-Tasman patent attorneys, are registered to practise under a joint registration regime.  However, the Trans-Tasman patent laws are far from harmonized. There are a number of important differences between the two jurisdictions to watch out for and we consider some of them here in respect to commonly

Tricks of the Trade: There’s a word for that (and usually many more)

When Winston Churchill said, “broadly speaking, the short words are the best, and the old words best of all”, he (most likely) wasn’t speaking about the words found in patent specifications.  However, in saying that, he is both right and wrong.   Old, short words would be described today as “plain English”.  Describing something in

BLACK SHEEP Trade Mark Dispute – Not all Sheep are the Same

Chris and Dora Di Lorenzo Partnership v Denversian Pty Ltd & Anor [2020] FCAA 1718 (30 June 2020)   On 30 June 2020, Chris and Dora Di Lorenzo Partnership (Di Lorenzo) unsuccessfully appealed against a decision by the Registrar of Trade Marks regarding registration of the trade mark BLACK SHEEP by Denversian Pty Ltd (Denversian).

Ceramiche Caesar S.p.A. V Caesarstone Ltd [2020] FCAFC 124 (28 July 2020)

In the recent decision of Ceramiche Caesar S.p.A. V Caesarstone Ltd [2020] FCAFC 124 (28 July 2020) the Full Federal Court decided that the primary judge had erred in finding “honest concurrent” use of the CAESARSTONE mark.  The decision also considers the requirements for “quality control” and a finding of “authorised use”. Proceedings The decision

Australian Trade Mark Fee Changes

The Australian Trade Marks Office (‘IP Australia’) has recently announced official fee changes effective from 1 October 2020.   The most significant change is an increase to trade mark application fees. The official fees payable (per class) for a standard application are being raised from AU$330 to AU$400. This provides an even greater incentive to

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