Region: Australia

auDRP denial highlights evidentiary burden on complainants

Assertion of trademark rights alone will not suffice if there is insufficient evidence linking the registration to bad faith.

15 February 2024

Nothing went south for The North Agency

The decision highlights the limitations of enforcing trademarks registered in a composite form or in a particular stylised form.

06 February 2024

IP Australia replaces goods and services list; USPTO reveals executive appointments; IPOS unveils new trademark features – IP office updates 

In this latest update, we look at the JPO implementing earthquake special measures, the Estonian IPO opening a copyright hotline, and much more.

10 January 2024

Register Tracker Asia-Pacific: May-August 2023

Featured in Trademark register tracker

WTR uses Fovea IP data to analyse filing trends across major Asia-Pacific registers between 1 May and August 2023. 

01 January 2024

Federal Court decides BIG MAC and BIG JACK ‘beef’

While use of BIG JACK was likely to lead consumers to draw a comparison with McDonald's BIG MAC, this alone did not demonstrate an intention to adopt the mark for the purpose of misleading consumers.   

12 December 2023

Brand protection at the Australian border: insights and strategies from the front line

Featured in Border and customs protection around the world

In our continuing series, we shift our focus Down Under, unraveling the intricacies of brand protection challenges and optimal solutions at Australia's borders and entry points.

11 December 2023

Tesla faces trademark obstacles for Cybertruck in Australia, Brazil and UK

WTR identifies trademark registrations that suggest Tesla may encounter legal hurdles in introducing its Cybertruck to the Asia-Pacific, European and South American markets.

06 December 2023

Halal trademark certification considered by Full Federal Court

This case considers the difference between product certification and the provision of certification services.

04 December 2023

NORO MORE: Cantarella’s ORO marks found to be invalid in light of Section 58

A key takeaway is that the inherent capacity of a foreign mark to distinguish the goods/services for which it is registered may depend on the trade relevant to those goods/services.

27 November 2023

Respondent’s activity defeats ‘.au’ DRP

Brand owners should investigate public sources of information about a domain name registrant as much as possible before filing a complaint under the ‘.au’ DRP.

23 November 2023

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