In-N-Out Burgers, Inc. v Hashtag Burgers Pty Ltd [2020] FCA 19 Sydney-based business Hashtag Burgers Pty Ltd has been back in Court this month, defending the use of “Down-N-Out” on its burgers and restaurants. The trade mark battle with US brand In-n-Out Burger earlier determined that...

[caption id="attachment_25592" align="alignright" width="306"] Photo created by aleksandarlittlewolf - www.freepik.com[/caption] The Australian Patent Office has recently re-affirmed in Ono Pharmaceutical Co., Ltd. et al [2020] APO 43 that a request for a pharmaceutical patent term extension (PTE) must be based on the earliest first regulatory approval...

  The United Kingdom (UK) officially left the European Union (EU) on 31 January 2020 and then entered into a transition period. Owners of European trade marks and/or designs are reminded that the end of the Brexit transition period is fast approaching.   From 1 January 2021 any...

The rules regarding patent amendments for Australian amendments change once the patent has undergone substantive examination and stands accepted. The same changed rules also apply after the grant of an Australian Patent.   Unlike some other major jurisdictions such as Europe and the USA which allow a patent to be opposed within a...

[caption id="attachment_25293" align="alignright" width="200"] Photo by Sharon McCutcheon on Unsplash[/caption] A Pharmaceutical Patent Term Extension is an option that is available to eligible patentees in Australia and is intended to restore a portion of the patent term that is lost while the pharmaceutical product awaits regulatory approval. Under Australian...

Ceramiche Caesar S.p.A. V Caesarstone Ltd [2020] FCAFC 124 (28 July 2020) What happened in the first instance? Ceramiche is a tile manufacturer based in Italy. Their “CAESAR” trade mark has been used in Australia since 1988 and was registered in Australia since 2004 for “ceramic tiles...

With more people shopping online than ever, consumers are relying on online retailers and service providers for their purchases. Unfortunately, the convenience of online shopping comes with challenges; the costs to Australian businesses due to counterfeit products are increasing. The Australian government hopes to promote confidence in...

Further to our previous updates regarding IP Australia and the COVID-19 pandemic, IP Australia has decided to extend the deadline for requesting extensions of time when a deadline cannot be met due to COVID-19. The deadline has been extended to 31 October 2020. To reiterate, IP...

McDonald's claims rival Hungry Jack's has infringed its "Big Mac" trade mark with their newest burger “Big Jack”. Fast food giants McDonald’s and Hungry Jack’s are going head to head after McDonald’s Asia Pacific launched Federal Court proceedings against Hungry Jack’s on August 28. The fast food standoff began when...

Did you spend money on exporting or marketing your goods or services overseas last financial year? The Export Market Development Grants (EMDG) scheme is an Australian Government financial assistance program providing export-ready small to medium businesses with financial assistance by reimbursing up to 50 per cent of eligible promotional expenses above $5,000 (provided that the total expenses...

The concept of use arises frequently in trade mark matters. In this post, we outline when you might need to provide evidence of use, what the evidence needs to show and what kind of evidence to provide.           There are several scenarios where evidence of use may...

IP Australia have amended their official fees for patents, trade marks, and designs after they sought public comment on their fee structure in 2019. A large portion of the fee changes are aimed at requests filed not using their preferred means systems i.e IP Australia...

Have you just received a cease-and-desist letter from someone accusing you of infringing their patent? Does the letter order you to stop all your commercial activities immediately? An accusation of patent infringement is a serious concern which can prove to be a costly mistake, if ignored. However,...

[caption id="attachment_24970" align="alignleft" width="345"] Photo by ThisisEngineering RAEng on Unsplash[/caption] “We are all inventors, each sailing out on a voyage of discovery, guided each by a private chart, of which there is no duplicate. The world is all gates, all opportunities.”― Ralph Waldo Emerson         [vc_separator type="transparent"][vc_separator type="normal"]What does...

A London Court recently dismissed an appeal by Jaguar Land Rover Limited (JLR) relating to trade mark rights for the shape of its Defender SUV. [caption id="attachment_24947" align="alignright" width="343"] Land Rover Defender 90, 1997 model. Photo source: https://www.motoringresearch.com/[/caption] What Happened JLR (owned by Tata Motors) applied to register...

Different countries have different rules when it comes to recognition of trade mark rights. In today’s global marketplace, you may plan to sell your products in various countries or even manufacture them overseas. This is why it is important to protect your brand in the countries...

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