Trade mark – Page 9 – IP Law Watch

IP Australia Announces New Official Fee Structure For Australian Trade Marks

Aug 12 2016

Australian Trade Mark Applications are Getting Cheaper

Following an extensive review of its fee structure, IP Australia has announced a revised official fee structure that is proposed to take effect from 12.00 am AEDT on 10 October 2016.

One of the key changes is that a registration fee will no longer be payable for Australian trade mark applications filed on, or after, 10 October 2016. Under the existing regime, the usual filing fees for an Australian trade mark application were AUD200 per class, with AUD300 per class payable on registration. Under the new regime, the usual filing fee will increase to AUD330 per class, but no further official fees will be payable.

ECJ Confirms that Brand Owners can Seek Remedies for IP Infringement Against Owners and Operators of Physical Marketplaces Selling Counterfeit Goods as “Intermediaries”

Jul 14 2016

On 7 July 2016, the Court of Justice of the European Union (ECJ) announced its judgment in case C-494/15, Tommy Hilfiger Licensing LLC and Others v Delta Center a.s.

The case concerned claims for trade mark infringement against Delta Center, the tenant of the “Prague market halls” marketplace, which rented sales spaces to sellers of counterfeit goods. Tommy Hilfiger and other trade mark owners brought an action before the Czech courts seeking an injunction under Article 11 of Directive 2004/48/EC, which states that: “Member States shall also ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual property right, without prejudice to Article 8(3) of Directive 2001/29/EC”.

When a picture can be considered deceptively similar to a word

Jun 14 2016

The Trade Marks Office has taken a sword to the hopes of applicants wanting to register device trade marks which are perceived to match existing registered word marks in its decision on the SAMURAI WARRIOR (device) submitted for registration by Teraglow Pty Ltd.

IP Australia repeatedly rejected the SAMURAI WARRIOR mark at examination stage under s 44(1) of the Trade Marks Act 1995 (Cth), citing prior registered word mark SAMURAI, owned by Globeride Inc.

Tag:Trade mark