TRADE MARKS – appeal from decision of delegate of Registrar of Trade Marks – whether trade mark should be removed from Trade Marks Register for non-use – whether onus of proof discharged in relation to non-use period –whether Court should exercise discretion under s 101 of the Trade Marks Act 1995 (Cth) not to remove trade mark – public interest and risk of confusion – part of appeal allowed with consent of parties – appeal otherwise dismissed
Related cases about trademark infringement
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Deakin University v Macreadie [2026] FCA 481
CONSUMER LAW – application for permanent injunctions pursuant to s 232 of the Australian Consumer Law restraining the respondents from representing that the second respondent is the owner of the relevant intellectual property and trade marks of the Blue Carbon Lab – application for mandatory injunction requiring the second respondent to change its name –…
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Black Star Pastry Pty Ltd v Richards (No 2) [2026] FCA 383
TRADE MARKS – whether one of two joint owners of a trade mark can apply for registration of the trade mark in own name under section 27 Trade Marks Act 1995 (Cth) – where section 28 Trade Marks Act 1995 (Cth) permits registration of trade mark by joint owners – where section 20(5) Trade Marks…
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Trafalgar Group Pty Ltd v Boss Fire & Safety Pty Ltd [2026] FCA 202
TRADE MARKS – appeal from decision of Registrar – non-use – mark used in relevant period as part of composite marks – “mark within a mark” – appeal allowed TRADE MARKS – whether second word in each of composite marks used after trade mark were additions or alterations “substantially affecting its identity” – held that…
