The Metaverse refers to virtual worlds (e.g., World of Warcraft or Fortnite) that keep evolving when a user is not engaged with them, and they can be engaged with through standard smartphones or computers or via augmented reality (AR) and virtual reality (VR).[1] NFTs can be bought and sold on...
Aunty Helen Trade Mark Refusal
Summary Aunty Helen is the nickname of Helen Clark who served as New Zealand’s Prime Minister between 1999 and 2008. James Benson saw an opportunity to file this nickname as a New Zealand trade mark when he heard that Ms Clark did not wish to use “Aunty Helen” as a...
Insta Dispute
Instagoods Pty Ltd (“Instagoods”) learned the hard way that there is a danger in using part of an eminently known trade mark in a new trade mark application. Instagoods applied for the trade mark “Instadate”. While the Trade Marks Office (TMO) published acceptance of Instadate on 15 February 2019, registration...
Non-Use Actions and How to Avoid Them
While it can be good strategy to cover your trade mark for a range of goods, coverage of too many goods can make you vulnerable to a non-use action. A recent NZ case Bayerische Motoren Werke AG (“BMW”) v Electracom Pty. Ltd. (“Electracom”) is a cautionary tale about why one...
Brexit phase out: EU and UK Trade Marks
If you have filed an EU trade mark application that was still pending on 1 January 2021 (not registered by this date) you should be eligible to apply for a corresponding UK trade mark application.