As of 26 August 2021, applicants will no longer be able to file new innovation patent applications. This comes as a result of the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 being passed into law on 5 February 2020, and this Bill receiving Royal Assent on 26 February 2020, the […]
This author has yet to write their bio.Meanwhile lets just say that we are proud Admin contributed a whooping 14 entries.
Entries by Admin
Pinnacle Runway Pty Ltd v Triangl Limited  FCA 1662 (10 October 2019) Pinnacle Runway Pty Ltd (“Pinnacle”) owns a trade mark registration for DELPHINE in relation to: “clothing; headwear; swimwear” in class 25 and sells women’s clothing under this trade mark. Pinnacle brought an action against Triangl Limited (“Triangl”) for infringement of its registration […]
On 13 February 2020, the Intellectual Property Office of New Zealand (IPONZ) will increase its fees in relation to patents, with a full list of the changes found here. Further, IPONZ will introduce some altogether new fees. The reasoning for these changes to fees is said to be “to reduce IPONZ’s memorandum account, rebalance patent […]
Kraft Foods Group Brands LLC v Bega Cheese Limited (No 8)  FCA 593 Kraft recently ran into difficulties over the trade dress (the appearance of its product packaging) for its peanut butter because it was not a registered trade mark. In 2017, Bega purchased Kraft’s peanut butter business together with the associated assets and […]
Once a trade mark has been registered in Australia, it must be used by its registered owner to prevent it from becoming vulnerable to removal for non-use. Authorised use of the mark by another entity will be taken to be use of the mark by the owner if it is carried out under the control […]
Trade marks are currently being accepted for registration in Australia by the Trade Marks Office in relation to both medical and recreational cannabis and marijuana, and related services. Australian trade mark law prohibits the registration of a trade mark if its use would be contrary to law. Previously, the promotion and sale of cannabis or […]
Registration of a trade mark gives you exclusive rights to that mark, which makes it easier for you to take legal action to enforce your trade mark rights. The elements that need to be established under the Trade Marks Act 1995 (Cth) (the Act) in order to succeed in an action for infringement of your […]
The patent system was historically established to encourage the development of inventions by granting inventors protection against unauthorised copies or use of the invention for a finite period of time. The patent system offers the invention owner (patentee) the right to exclusively exploit a patented invention for a period of up to 20 years. In […]
A number of our Patent and Trade Mark Attorneys will be attending the INTA Conference in Boston between 18 and 22 May 2019. Please contact us if you would like to schedule a short meeting during the conference to learn about our IP services in Australia and New Zealand.
Australian design applications may optionally be filed with a Statement of Newness and Distinctiveness (SND). The protection afforded by the design registration can be significantly influenced by the features presented in the SND, as discussed in this article. In general terms, the SND may be directed to shape and/or configuration if the design primarily relates […]