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Latest News
 
Trademarks

Australia

Trademark WILD GEESE Expunged on the Ground of Non-Use. Circumstances Allowing a Mark to Remain on the Register Despite a Finding of Non-Use Clarified by the Full Federal Court
Case Summary And Commentary: Austin, Nichols & Co Inc v Lodestar Anstalt [2012] FCAFC 8
Griffith Hack

Reversing the decision at first instance, the Full Federal Court of Australia has ordered that Lodestar Anstalt’s (“Lodestar”) trade mark WILD GEESE (“WG mark”) should be expunged from the Register. The decision was made on grounds that the primary judge had inappropriately exercised the discretion not to remove a mark for non-use granted under s 101(3) of the Trade Marks Act 1995 (Cth). The decision sheds crucial light on how, and the circumstances in which, the Registrar/courts may exercise their discretion under s 101(3) to allow a mark to remain on the Register despite a finding of non-use. Facts In 2005, Austin, Nichols & Co Inc (“Austin”), owner of the bourbon brand WILD TURKEY, applied to the Registrar of Trade Marks to have the WG mark removed from the Register under s 92(4)(b) of the Trade Marks Act 1995 (Cth) for non-use. The Registrar refused the application for removal except in so far as it related to 'wine, fortified wine and wine based spirits, namely brandy, grappa and cognac' in class 33. ....Click here for full details >>

01 May 2012
Trademarks

Taiwan

Principles to Deal with Trademark Matters During the Transition Stage of Trademark Act Amendments

Jaw-Hwa International Patent & Trademark & Law Office

The new Trademark Act was passed on May 31, 2011 by the Legislative Yuan, and amended and promulgated on June 29, 2011 by President Order. The date of enforcement of this Act will be prescribed by the Executive Yuan and is proposed to be enforced in June 2012. ....Click here for full details >>

01 May 2012
Trademarks

Argentina

Particularities of TM Opposition Procedure in Argentina

Moeller IP Advisors

When we refer to the Argentinean trademark opposition procedure, different questions arise especially in light of the comparison with other local and regional systems. The purpose of this article is to provide the reader with a clear idea of which are the particularities of the mentioned proceeding, whenever exclusive rights granted by a trademark registration are intended to be obtained in the country. ....Click here for full details >>

01 May 2012
Trademarks

Australia

Tobacco Plain Packaging Legislation in Australia and its Impact on Trademarks

Knightsbridge Lawyers

The Tobacco Plain Packaging Act 2011 (Cth) (the ‘Act’) will come into effect with regard to retail sales of tobacco products in Australia on December 1, 2012. The Act and the Regulations made pursuant to it (together, the “legislation”), tightly regulate and dictate the manner in which tobacco products may be packaged and offered for sale at the retail level. In doing so, the legislation severely restricts or prohibits the use of trademarks for tobacco products. Sub-section 20(1) of the Act prohibits any trademarks from appearing on the retail packaging of tobacco products unless they are specifically permitted by the legislation. Sub-section 20(3) however permits the use of the brand name of tobacco products and any variant name for the products. The effect of these provisions is that only word trademarks for tobacco products will be permitted on retail packaging. The use of all other trademarks (such as logos, any artwork or aspects of packaging) is prohibited. ....Click here for full details >>

01 May 2012
Trademarks

Barbados

Trademark Protection In Barbados

Clarke Gittens Farmers