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In this case, Opposition proceedings were commenced by Ponani who subsequently went into voluntary administration. On that basis, the Opposition continued to run without any evidence or active participation by the Opponent. This decision provides some useful takeaways to Applicant’s.....

This decision provides an insight into how an Opponent is able to establish lack of ownership of a trade mark (section 58 grounds of opposition) by an Applicant, in circumstances where the Opponent was the first user of that trade mark....

This decision provides some useful takeaways for Applicant’s dealing with oppositions by well-known brand owners in unrelated fields of activity. Although the marks in question here differed by only the first letter, the decision focussed on examining the nature of the claimed services...

This decision provides some useful takeaways for Applicant’s dealing with oppositions by well-known brand owners in unrelated fields of activity. Although the marks in question here differed by only the first letter, the decision focussed on examining the nature of the claimed services...

Lexvoco Pty Ltd v InCounsel Pty Ltd [2019] ATMO 83 On 30 May 2019, the Australian Trade Marks Office handed down its decision regarding opposition of the Trade Mark LEXOO belonging to our client, InCounsel Pty Ltd. Lexoo (now InCounsel) operates an innovative legal...

Capital Safety Group EMEA and 3M Company v Classic Supplies Pty Ltd [2019] ATMO 10 On 22 January 2019, the Australian Trade Marks Office handed down its decision regarding opposition of the Trade Mark PROTECTAWARE belonging to our client, Capital Safety Pty Ltd. The...

Storm in A Coffee Cup Recently, Australian coffee cup innovators KeepCup launched Federal Court proceedings against Gloria Jean’s coffee chain claiming infringement of their certified design rights to their KeepCup Brew cup. Gloria Jean’s has been selling a similar...

Lessons for David “David v Goliath” is a much loved media term to describe legal battles between a deep pockets party (the Goliath) against a less financially equipped adversary (the David). It’s also a term loved by the Davids as it evokes the imagery of the little...

Did you know you can Trade Mark a scent? We discuss why you might want to and how to do it in this weeks article, comparing the recent Play-Doh Scent Trade Mark filing with Australia’s only registered scent Trade Mark....

Australian Chiropractors Association Limited v Chiro Care Mattresses Pty Ltd [2021] ATMO 28 This matter involved an application for removal of the Australian Chiropractors Association (ACA)’s CHIRO trade mark by our client Chiro Care Mattresses (Chiro Care). ACA has...