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Stay up to date with the latest intellectual property developments from New Zealand and around the world.

Fonterra’s Opposition Brings Perfect Day’s Accepted Application Down To (and below) Ground

31st August 2022

In Fonterra Co-operative Group Ltd v Perfect Day Inc [2022] APO 59 an application relating to dairy substitutes was successfully opposed in a case where more careful drafting could have avoided that outcome.

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Unfair Advantage Ruling Upheld

30th August 2022

In Monster Energy Company v Red Bull GmbH 2022 EWHC 2155 a UK High Court Judge upheld a Hearings Office decision that allowed an opposition based on taking unfair advantage of a well-known mark without requiring a subjective intention to do so.

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Montenegro Changing from EPC Extension State to EPC Member State

9th August 2022

From the 1st October 2022 Montenegro (ME) will be an EPC member state, thereby bringing the total number of EPC member states to 39.

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Applicant Friendly Changes to Japanese Patent and Trade Mark Practice Approved

1st August 2022

On 15th July 2022 the Japanese Cabinet approved some notable applicant friendly changes to Japanese patent and trade mark practice, which will take effect from 1st April 2023.

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Opposition to GORGONZOLA Certification Trade Mark Application Rejected

27th July 2022

In Consorzio per la Tutela del Formaggio Gorgonzola v Dairy Companies Association of New Zealand Incorporated 2022 NZIPOTM 13 an Assistant Commissioner (AC) was not persuaded that GORGONZOLA has become a descriptive or generic term for cheese in New Zealand.

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