The political relationship between Australia and China has further broken down. But IP experts remain confident that the tensions will not have a dramatic impact on brand work.
The FTA negotiations have Australia pressured to adapt an EU-centric geographical indication regime. Local experts tell WTR of the concerns felt by rights holders.
This decision of the Full Court of the Federal Court of Australia demonstrates that descriptive elements may constitute the striking and important feature of a mark. Read more
US fast-food restaurant chain In-N-Out Burgers objected to the use of DOWN-N-OUT by Hashtag Burgers in Australia. The decision shows that it is not necessary to have a place of business in the country in order to maintain a passing-off action. Read more
Following on from the Australian Federal Court's decision in February this year, the Full Federal Court has agreed that the word ‘urban’, when used in relation to beer, is descriptive as it conveys the notion that the product "was brewed in a city location". Read more
The long-running battle between food giant Kraft Heinz and Australian company Bega Cheese over packaging for their peanut butters has come to an end, with Australia’s highest court throwing out Kraft’s bid to appeal an earlier ruling allowing Bega to continue using its distinctive trade dress. Read more
In our latest round-up, we look at a counterfeit crackdown in Guangzhou, Oracle seemingly prevailing in bid for TikTok, branded product labels being used to spread awareness of social causes, and much more. Read more
In our latest round-up, we look at WhatsApp and Google being used by scammers to dupe consumers, ICANN heads to Kuala Lumpur, Lao joins TMclass, and much more. Read more
In our latest edition, we look at a warning over a long-term counterfeits risk, WIPO revealing its top corporate filers, Finland joining DesignClass, a change in Syrian trademark fees, and much more. Read more
New investigation finds trademark applications around the world related to the controversial QAnon movement, with one applicant revealing an ambitious plan to launch a global brand to “plant trees and save the oceans”. Read more
A WTR investigation finds over 50 attempts to register Black Lives Matter brands in 2020 so far, with one activist telling us that legal protection is necessary “so that people can't profit from it who haven't shed blood for this movement”. Read more
In our latest round-up, we look at a warning to act on counterfeit goods before it’s too late, Lord & Taylor filing for bankruptcy, IP Australia updating its trademark classifications, and much more. Read more
In a blow to pharmaceutical company Allergan, the Federal Court of Australia has concluded that the use of PROTOX and BOTOX in composite phrases for skincare products did not infringe Allergan's prior BOTOX marks. Read more
There was no sweet victory before the Federal Court of Australia for the owners of the WICKED SISTER mark, used mostly for dairy desserts, in their attempt to prevent use of the WICKED mark for dipping sauces and related products. Read more
The recent decision of the Australian Trademarks Office in a case involving a film called Lion again discusses the issue of whether a film title may function as a trademark. Read more
In a blow to well-known energy drinks company Monster Energy, the Federal Court of Australia has refused to invalidate Japanese software company Mixi’s application to extend the protection of its international registration for MONSTER STRIKE to Australia. Read more
In a new regular series on WTR, national IP offices share the innovative non-core tools and services that they have launched or are developing for the future. This week, we focus on innovation at IP Australia. Read more
In an exclusive guest post, academics in Australia share findings from their new study into the first database that links equivalent trademarks across national offices into a single comprehensive offering. Read more
In our latest round-up, we look at unauthorised SUSSEX ROYAL trademark applications being filed across the globe, PepsiCo purchasing a Chinese snack brand, the USPTO giving an update on its engagement efforts, and much more. Read more
In our latest round-up, we look at Amazon car seat criticism leading to calls for legal reform, New Zealand being added to the TMview roster, US and China battling over the WIPO director general position, and much more. Read more
Filing data at the top Asia-Pacific IP offices reveals a region undergoing spectacular growth, accounting for a colossal 80% of trademark activity worldwide last year. Spearheading the effort is China – a nation with increasing influence over its neighbours, which shows no signs of slowing down. Read more
As the data continues to be updated, we are able to get a better understanding of the extent of the coronavirus’ impact on the trademark ecosystem. Read more
The country’s filing data is an early indicator that recovery is under way, but the government must still deal with the long-term impacts of the bush fires as well as the health crisis - all on top of escalating tensions with China and its first recession in nearly 29 years. Read more
World Trademark Review takes a deep dive into the top Asia-Pacific trademark offices and how they are modernising their systems to better protect applicants and streamline procedures. While this has positively affected filing levels, economic performance and domestic businesses will be key going forward. Read more
WTR crunches the numbers at the leading Asia-Pacific trademark offices to reveal the extent of China’s emergence as a regional superpower, with Alibaba leading the way among both agent and corporate filers at its home registry. Read more
A trademark application filed by the Foundation of the Duke and Duchess of Sussex for the brand name 'Sussex Royal' has received a notice of threatened opposition this week, WTR can reveal. Read more
In our latest round-up, we look at the Serbian IPO reducing its fees, the Korean IP Office getting a budget boost, US Senators opposing China’s WIPO director general nominee, and much more Read more
In a world first, IP Australia is using blockchain technology to create a “digital representation” of trademark registrations. We speak with the registry’s CIO, Rob Bollard, to find out more. Read more
Australian third-level domains may soon be outdated due to the release of the new second-level ‘.au’ domain. This update presents key takeaway points to maximise the prospects of securing a second-level ‘.au’ domain. Read more
A recent decision involving the domain name ‘ogio.com.au’ under the ‘.au’ Dispute Resolution Policy is an important reminder of how panels can have different approaches to the same facts in complex cases. Read more
A major new study has discovered nearly 50,000 potentially copycat apps on the Google Play store, with 2,000 deemed high-risk. However, the academic behind the study tells WTR that trademark protection is of limited help to combat such a widespread issue. Read more
In our latest round-up, we look at China hitting back at IP criticism, USPTO revealing cryprocurrency-related trademark applications, Alibaba settling a counterfeits case, and much more. Read more
Australia’s burger wars have heated up again, with McDonald’s threatening trademark infringement proceedings against restaurant chain Rashjays over its Big MacJac burger. This comes after McDonald’s took action against rival Hungry Jacks over its Big Jack burger. Read more
This Australian decision provides guidance on what types of evidence may - or may not - be sufficient to prove use of a trademark in the course of trade. Read more
Samsung’s trademark SAMSUNG QLED has proceeded to registration in Australia despite it wholly containing LG Electronics’ QLED trademark, and despite the products on which the trademark is used by Samsung not actually using QLED technology. Read more
In Kraft v Bega, the Full Court of the Federal Court has confirmed that Bega retains the right to use the trade dress for its peanut butter in Australia, which it acquired through purchasing the peanut butter business of Mondelez in 2017. Read more
WTR speaks to Treasury Wine Estates’ global director of intellectual property to get the inside track on how the company prevailed in a decade-long trademark squatting case. Read more
The Australian government is considering whether to compulsorily acquire the rights to use the Aboriginal flag on public policy grounds. The debate raises questions over whether similar moves could occur in other jurisdictions. Read more
The Australian government is considering whether to compulsorily acquire the rights to use the Aboriginal flag on public policy grounds. Kate O'Rourke of Mewburn Ellis takes a deep dive into the debate. Read more
@WTR_Alerts RT @WTR_Alerts: “I will never give up” – in an exclusive interview, a small business owner in Manilla, Philippines, who is embroiled in a t… Read more