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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Container Rotation Systems Pty Ltd v Intermodal Solutions (Group) Pty Ltd [2026] FCA 161
TRADE MARKS – infringement – container rotation systems – containerised bulk handling field – word mark – “rotainer” – whether “rotainer” is purely descriptive – genericism – where the infringer attempted to genericise the registered trade mark – where purported generic and descriptive meaning of the word mark is uncertain – evolution theory of changes…
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Prezzee Pty Ltd v Epay Australia Pty Ltd [2025] FCA 1662
TRADE MARKS – applicant the registered owner of trade marks comprising or including the word “Prezzee” – applicant using the word “Prezzee” on and in relation to electronic gift cards – respondent incorporating the word “Prezzy” on physical and electronic gift cards – applicant seeking interlocutory relief pending judgment on an action alleging trade mark…
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NCL Corporation Ltd v Norwegian Brand Ltd [2025] FCA 1613
INTELLECTUAL PROPERTY – trade marks – international registration designating Australia – objection to extension of international protection to Australia – whether trade mark applicant had intention to use mark in Australia – where trade mark applicant did not participate in appeal proceeding – no intention to use found PRACTICE AND PROCEDURE – international service –…
