A recent Federal Court decision in Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 3)  FCA 865 illustrates the importance of obtaining adequate protection at the beginning of the trade mark registration process. In this decision, Shape Shopfitters (the Applicant) had registered the following composite mark, containing the words SHAPE SHOPFITTERS EST […]
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Businesses often use metatags in the source code of their website to improve their search rankings in Google and other search engines. Sometimes this may involve using a competitor’s trade mark as a metatag within that source code. In Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd  FCAFC 56, the […]
In Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd (No 3)  FCA 60, the owner of the well known mark CLIPSAL objected to CLIPSO’S use and registration of the similar mark CLIPSO. The CLIPSO trade mark had been successfully registered but it was ultimately found that the director of the respondent was aware […]
Background In recent years, there has been an increasing global trend of enabling applicants to register designs which extend beyond the typical, static subject matter, traditionally associated with design registrations. Specifically, design protection is increasingly being sought and granted with respect to dynamic designs, and other virtual or non-physical designs, such as screen displays and […]
A number of our senior patent attorneys and trade mark attorneys will be attending IP Conferences in 2017. In particular, we will be attending: The INTA conference in Barcelona in May 2017; The AIPPI conference in Sydney in October 2017; The FICPI conference in Venice in October 2017; The APAA conference in Auckland in November 2017. […]
Van Ruth Pty Ltd  ATMO 60 (8 August 2016) The Australian Trade Marks Act allows for the registration of non-traditional trade marks, such as shape marks, although the path to registration is not always smooth for the owners of such marks. A recent Australian Trade Marks Office decision highlights the challenges that can be […]
Since 1 April 2002, the Australian Patents Act 1990 (Cth) (“The Act”) has included a novelty grace period. Specifically, Section 24 of The Act requires that when considering if an invention is novel or involves an inventive step or an innovative step, the person must disregard any information derived from the applicant that was made […]