Trade Marks

An application for the removal of a trade mark from the register for non-use (a “non-use application”) can be made on the basis that the application for registration was not made in good faith with the intention to use the trade mark, and that the trade mark has not been “used”, or used in good faith; or the trade mark has not be “used” in a three year period ending the month prior to the non-use application being filed (provided at least five years has passed following registration). Once a non-use application is made – the onus of proof of genuine use shifts to the registered owner. This article explores what a registered owner should do in this situation.

Game of Thrones, Season 7, premieres tonight in Australia.  To celebrate, innofy takes a look at the top 5 most surprising classes of goods or service HBO has registered (or has applied to register) Game of Thrones related marks in.

Every month, we will provide a brief synopsis of some of the new and most interesting trade marks cases decided…