Category Archive for: ‘Uncategorized’

Telco and database services, comparison sites, and shopping centres – courts increasingly taking a modern view on trade mark specifications, but will the registries follow their lead?

Brand protection is not always as straightforward as it should be. For one thing, even once you have chosen your brand, you need to draft a specification that covers what you do and/or propose to do. This is a simple exercise if you are a t-shirt company, but can be a tricky business for service providers in evolving (and even …

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Advantages of applying for UK national trade marks in addition to Community trade marks

The CTM system is a bit of a no-brainer for Australian and New Zealand businesses putting their products and services into the EU market. The system has been a raging success, due to – among other things – the fact that a CTM is a cost-effective way to cover all 28 EU member states. But sometimes there is merit in …

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Distinctiveness under the microscope – Cantarella granted special leave to appeal to the High Court

On Friday, 14 March 2014, the High Court granted Cantarella Bros Pty Ltd special leave to appeal the Full Court of the Federal Court’s decision in Modena Trading Pty Ltd v Cantarella Bros Pty Ltd [2013] FCAFC 110. The High Court has been asked to clarify the correct application of the test for distinctiveness (section 41 of the Trade Marks …

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