Under s 36 of the Trade Marks Act, the registrar may defer the acceptance of a trade mark application upon request of an applicant in the circumstances set out in the regulations. Regulation 4.13 sets out the circumstances (paraphrased by …
Kraft Foods Group Brands LLC v Bega Cheese Limited [2020] FCAFC 65 (Kraft v Bega) – How many registered trade marks does this case invalidate?
Consider this very common scenario: 1. a trade mark is coined and used by entity A, 2. it is decided the trade mark should be registered, 3. an IP holding company is to own the registration, 4. the trade mark …