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

Best Australian Trade Mark Cases 2019

Welcome to Shelston IP’s round up of Australian trade mark cases for 2019.   While there were plenty of cases in 2019, we have selected a few which we think are interesting and provide an indication of the types of issues dealt with by the Courts throughout the year. Please click here for a quick snapshot of each case followed by

Protecting the brand assets of Australia’s most iconic surf lifesaving club

Our pro bono program is a cornerstone of our Corporate Responsibility efforts. In 2014 we signed on to the National Pro Bono Resource Centre’s Aspirational Target. We also appointed Katrina Crooks as our Pro Bono Partner. Under Katrina’s stewardship, we are working hard to increase the amount of pro bono work we undertake, and improve

Court goes into Batts for Tasman Insulation

Tasman Insulation New Zealand Ltd v Knauf Insulation Ltd [2014] NZHC 960   Key issues When has a trade mark become generic? Was a website metatag used as a trade mark? Facts  T was the owner of BATTS for insulating materials in class 17 since 1973. (T also owns PINK BATTS.) K imported insulation materials

Wipeout for Zoggs in Sexwax stoush

Sexwax Incorporated v Zoggs International Limited [2014] NZCA 311   Key issue Deceptively and confusingly similar trade marks – what is the market for assessing reputation? Facts S coined the following logo trade mark in California around 1972: The mark was not registered in NZ but was known there from around 1981 in connection with

Apple not ‘Appy’ with what’s in store for App Store

Apple Inc v The Registrar of Trade Marks [2014] FCA 1304 Key issue Trade marks which lack distinctiveness and have not acquired distinctiveness through use. Facts A launched its App Store in Australia on 11 July 2008. One week later, it applied to register APP STORE as a trade mark for retail store services featuring computer

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