Bad faith trade mark application refused

For the first time in Australia, the registration of a trade mark has been refused on the ground that the application was made in bad faith.  The decision of the Australian Trade Marks Office in Hard Coffee Pty Limited v Hard Coffee Main Beach Pty Limited [2009] ATMO 26 is the first successful opposition pursuant to s 62A of the Trade Marks Act, which applies to all trade marks accepted on or after 23 October 2006, and read read more...

Subjects: Trade marks


New two-tier Federal Court

The Government has announced a restructure of the Federal Courts system, which will expand the Federal Court's IP jurisdiction.

The Federal Magistrates' Court will be merged into the Federal Court and the Family Court, so that all IP disputes will be heard at first instance in the Federal Court.  The new Federal Court will have two tiers: