• Email This
• Print
• Comments
• Trackbacks

INTA’s 130th Annual Meeting was held between 17 and 21 May 2008 at the ICC in Berlin, Germany. Attended by more than 8,000 trade marks practitioners from around the world, it provided an opportunity for buyers and sellers of trade mark related products and services to meet or catch-up with one another. And to sit in very, very large lecture theatres.

Australians have quietly taken over global IP affairs lately. Australian national, Dr Francis Gurry is the nominee for the position of Director General of WIPO - to be submitted to the General Assemblies of WIPO for final confirmation in September 2008. (Official press release HERE. Salacious gossip HERE and HERE ).

• Email This
• Print
• Comments
• Trackbacks

Statistics

Once again the World Intellectual Property Organisation (WIPO) saw a record number of international trade mark applications filed in the 2007 year.  39,945 applications were received which represents a 9.5 % increase from the same time last year. 

Other trends were similarly consistent with figures released for the 2006 year.  Germany again ranked number 1 in terms of top filer countries (accounting for 15.2% of the total number of applications filed) followed by France, the United States of America and the European Community.  Australia continued its upward growth with an increase of 6.3% (or an increase of 69 applications) from the 2006 year and now ranks 10^th rather than 11^th on the list of major filing contracting parties.

In terms of most designated contracting parties, China remained at number 1 followed by Russian Federation and United States of America.  Australia came in at a respectable 7^th position due to an 8% increase from the 2006 figures. 

Such statistics clearly indicate strong confidence in the WIPO administered international trade mark filing system.

• Email This
• Print
• Comments
• Trackbacks

In Global Brand Marketing Inc v YD Pty Ltd [2008] FCA 605 (7 May 2008) the applicants, Global Brand Marketing Inc (Global) and Diesel Spa (Diesel), contended that by s 120 of the Act, the respondents' (YD) shoes infringed two shape trade marks registered by Diesel in class 25 for 'footwear'. The respondents' cross-claim attacked the validity of the applicants' registrations pursuant to ss 41 (not inherently distinctive) and 58 of the Act (applicant not the owner) and sought to have them removed from the register.

The claims of both sides failed. The Honourable Justice Sundberg held on the claim that the rival’s shoes are not substantially identical or deceptively similar to the registered shape marks, and on the cross-claim, that the shape marks are inherently distinctive due to the use of a stylised 'D' device.

His Honour noted that shape mark cases fall between the ends of a spectrum ranging from 'purely functional' shapes or features to those that are 'concocted', 'non-descriptive' and 'non-functional'. These cases, he held, 'involve consideration of whether one set of features supersedes, submerges or overwhelms the other.'

• Email This
• Print
• Trackbacks

Nicholas Weston, the law firm behind the Australian Trade Marks Law Blog has moved to so-called 'cloud computing' technology architecture with the adoption of the WebTMS browser-based trade mark management system. According to Nicholas Weston, this infrastructure purchase will significantly strengthen this practice area and prove a real asset to the firm.

WebTMS enables Nicholas Weston to offer clients browser-based trade marks portfolio management applications that utilise the same infrastructure powering major US and UK law firms, and US Fortune 500 corporate IP departments. A list of users can be found HERE.

Key Features of WebTMS

The following key features of WebTMS are set out in detail below and can be summarised as follows:

• the most secure, robust and advanced trade mark management and docketing system available and has been used by the world’s leading firms for over 5 years;
• real time access for Clients to the cases Nicholas Weston is handling for them with 24/7 worldwide secure access to a Client's trade mark portfolio details from any computer with an internet connection;
• foreign Agents can update the cases they are handing for Nicholas Weston;
• a repository for all trade mark and intellectual property data, with images and supporting documents;
• database links to the trade marks offices of 12 jurisdictions, for click throughs, data audits and automatic data loading;
• built in trade mark searching for the 12 online trade marks offices, with search results management;
• workflow wizards to maximize efficiency;
• designed by trade mark attorneys for trade mark attorneys, and supported by extensive user input.