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IP Australia implemented fee changes for trade mark oppositions on 1 October 2024 aimed at encouraging a more strategic approach to opposition proceedings.
In the recent case of Hemmes Trading Pty Limited v Establishment 203 Pty Ltd [2024] FCA 1100, the Federal Court of Australia ruled in favour of Hemmes on a trade mark infringement dispute. Hemmes Trading, the owner of the trade mark "ESTABLISHMENT" (used for its Sydney restaurant, bar, and hotel business), claimed that Establishment 203, a restaurant in Brisbane, infringed its trade mark.
The High Court of Singapore recently ruled that using a competitor’s trade mark in Google Ads does not automatically amount to infringement. The key factor is whether there is a likelihood of confusion.
Australia’s vibrant fashion industry is worth billions and serves as a significant source of employment. With so much creativity and innovation involved, intellectual property (IP) protection is key to Australia’s fashion law.
The UK Supreme Court has ruled partially in favour of SkyKick in a significant case challenging Sky's trade mark practices. The court found that Sky acted in bad faith by registering trade marks for goods and services it had no intention of using, aiming to gain overly broad protection and leverage these marks as "legal weapons" against competitors.
Registering scent trade marks is difficult due to the need for clear and objective descriptions that consumers can understand. Despite this, in 2024 Crayola secured a significant win by registering the distinct "crayon scent" as a trade mark in the United States.
Correctly identifying trade mark ownership is essential in Australia, as a trade mark registered to the wrong owner can be invalidated.
When we look beyond the obvious benefits of a trade mark, there are 8 key areas within a successful business which benefit from trade mark registrations being secured.
