Future’s bright, but it might not be orange

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There has been an interesting decision recently at the second highest level in Europe relating to a trade mark dispute relating to the colour orange for champagne. This article reviews the European decision and provides commentary on the Australian approach to trade mark protection for colours. The authors have particular expertise in protecting IP rights […]

Will s42(b) Stop Being Invited to the Trade Mark Opposition Party?

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IP Australia Review of the Trade Mark Opposition Cost Structure IP Australia’s 2024 Fee Review IP Australia is currently in the process of reviewing a number of its fees and fee structures for Trade Marks, Patents, Designs and Plant Breeder Rights.  The most recent public feedback round has closed.  Any changes that proceed are expected […]

According to whom? Deceptive Similarity in Australian Trade Marks

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If you have made an application for a new trade mark in Australia, it is possible that the application will be objected to during the examination process. Don’t panic. There is a good chance a registered trade mark attorney can offer their assistance. There are several possible reasons for this that will vary depending on […]

Client Spotlight – mYmosa: Bottomless good times with this Aussie brand

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Founded in 2021, beverage brand mYmosa is a nod to the lifestyle philosophy “that we should all live life as if it is bottomless” from two Brisbane communications professionals. Branding experts Bec Pini and Amanda Goddard were inspired by a trip they had taken to New York some years prior to COVID-19, and their vision for […]

WHO RULES THE ROOST OF CERTIFICATION TRADE MARKS

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Following on from my previous posts regarding defensive and series trade marks, we continue our summary of less common trade mark applications which may be beneficial in providing additional protection to your brand in Australia. Defensive, series, collective and certification trade marks are not common trade mark applications, but provide unique and strategic protection which […]

MORE THAN JUST A PILOT: HOW TO GREENLIGHT YOUR TRADE MARKS TO A SERIES

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Following on from our previous post in this series regarding less utilised trade mark applications which may be beneficial in providing additional protection to your brand or a new and efficient avenue of protection not previously considered, we continue our summary of less common trade marks. Defensive, series, collective and certification trade marks are not […]

If Only You Sold the Burgers Raw… 

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BIG JACK smashes burger BIG MAC  The buns have been burned and there is sauce on the floor as the Federal Court hands down its decision in the great burger war between McDonald’s and Hungry Jack’s – McD Asia Pacific LLC v Hungry Jack’s Pty Ltd [2023] FCA 1412 a single judge decision before Justice […]

Canada Trade Mark Update: Additional French-language requirements

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On 1 June 2025, Canadian traders may be impacted by wide-ranging amendments to the Charter of French Language made by Bill 96 which affect trading in Quebec. Nine of Canada’s provinces and three of its territories are English speaking.  However, in Quebec which is the largest province by area and the second-largest by population, French is the official and preponderant […]

The Best Defense is a Good Offense – A Case for Defensive Trade Marks

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This is the first of a series of articles regarding less utilised trade mark applications which may be beneficial in providing additional protection to your brand or a new and efficient avenue of protection not previously considered. Defensive, series, and collective trade marks are not common trade mark applications but provide unique and strategic protection […]