TRADE MARKS – infringement claim pursuant to s 120 of the Trade Marks Act 1995 (Cth) – whether the infringing marks are substantially identical with, or deceptively similar to, the applicant’s mark – defence under s 122(1)(f) and (fa) of the Act – whether respondents would obtain registration of the infringing marks if they were to apply for it on the basis of honest concurrent use – defence under s 122(1)(a) of the Act – whether the respondents are entitled to use of the “own name” defence – whether the applicant should be denied relief by reason of estoppel, acquiescence, delay or laches – application for removal of the applicant’s mark pursuant to s 92(1) and s 92(4)(b) of the Act – whether the applicant did not during the relevant non-use period use its registered mark in good faith in relation to its services – claim under s 88(1) of the Act to rectify the Register of Trade Marks by cancelling the applicant’s mark – whether ground in s 88(2)(c) of the Act is established – whether use of the applicant’s mark is likely to deceive or cause confusion – claim under s 129 of the Act – whether the applicant’s threats to bring an action were unjustified
Related cases about trademark infringement
-
ETO Group PL v ETO Gruppe Technologies GmbH [2025] FCA 1253
TRADE MARKS – appeal from decision of delegate of the Registrar of Trade Marks in an application for removal of the trade mark the subject of this appeal from the Register of Trade Marks pursuant to subs 92(4)(a) and (b) of the Trade Marks Act 1995 (Cth) – non-use – where respondent filed a submitting notice…
-
Progressive Green Pty Ltd v Flo Energy Pty Ltd [2025] FCA 1315
TRADE MARKS – application for removal from Register due to lack of good faith use under s 92(4)(b) of the Trade Marks Act 1995 (Cth) – whether use as a trade mark over the relevant four-day period – whether use in relation to relevant class of goods – whether use in good faith – where…
-
Thomas v Monsoon Group Pty Ltd [2025] FCA 911
TRADE MARKS – non-use – where the respondent brought a non-use action before the Registrar of Trade Marks (the Registrar) pursuant to s 92(4)(b) of the Trade Marks Act 1995 (Cth) (the Act) – whether to grant the applicant an extension of time to appeal decision of the Registrar’s delegate under r 34.25 of the Federal Court Rules…
