Section 41 – IP Law Watch

Now Trending: #jesuischarlie Trade Marks

Jan 29 2015

Can you Register a Rallying cry or Trending Slogan as a Trade Mark in Australia?

Following the Charlie Hebdo massacre, supporters of free speech and freedom of expression rallied behind the phrase JE SUIS CHARLIE. Within two days, “#jesuischarlie” had been tweeted over five million times. Less than a week after the shooting, trade mark applications for both “Charlie Hebdo” and “jesuischarlie” were filed in Australia. This follows as many as 50 applications for the phrase in France and similar applications in the United States, European Union and Belgium. Read More

High Court of Australia Decides Landmark Trade Mark Case

Dec 05 2014

Decision in Cantarella Bros Pty Ltd v Modena Trading Pty Ltd Clarifies Test for Distinctiveness of Trade Marks in Australia

This week, the High Court of Australia (High Court) handed down only its third decision considering trade mark issues since the enactment of the Trade Marks Act 1995 (Cth). This decision could make it easier to register foreign language words as trade marks.

Limping Trade Marks and Distinctiveness in Australia

Sep 24 2014

Oyster Bay’s Wine Bottle Trade Mark Application Rejected

In 2012, New Zealand winery Oyster Bay filed a trade mark application as follows:

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