“It is apparent from the evidence that vehicle grilles come in an array of different shapes and sizes. The purpose of a vehicle grille is to let air flow into the engine bay to prevent overheating.” This is a quote from very recent decision of a delegate of the Australian trade marks registrar (Toyota Jidosha… Continue reading The Lexus spindle grill is rejected as a trade mark by IP Australia
Category: Shape trade marks
The Cobra 427 S/C shape trade mark: Factory Five Racing Inc v Shelby (2010 TTAB) revisited
On 25 June 2018, legendary car maker Carroll Shelby filed an Australian trade mark application for the classic Cobra 427 S/C design. It encountered an adverse report from the examiner on 18 April 2019, and lapsed. Here is an extract from the Australian register: Mr Shelby has had ongoing issues with the protection of this… Continue reading The Cobra 427 S/C shape trade mark: Factory Five Racing Inc v Shelby (2010 TTAB) revisited
Ares Performance v Ferrari SpA: lessons to be learned from the 2020 partial cancellation of Ferrari’s 250 GT shape trade mark
In this post, I look at Ares Performance AG v Ferrari SpA (EUIPO Cancellation Division No C 30 743: May 29, 2020). Ferrari suffered a significant (but, to be fair, not unexpected) loss when its trade mark registration for its famous 250 GTO car design was partially cancelled, except in so far as it related… Continue reading Ares Performance v Ferrari SpA: lessons to be learned from the 2020 partial cancellation of Ferrari’s 250 GT shape trade mark
BMW’s Australian Shape Trade Mark for the Spirit of Ecstasy
On 12 July 2022 Bayerische Motoren Werke Aktiengesellschaft (“BMW”) filed an Australian shape trade mark for the famous Rolls Royce hood ornament, the Spirit of Ecstasy. Here is an extract from the register: The mark relies upon a priority application filed in Germany around two weeks before the Australian application was filed. Interestingly, it is… Continue reading BMW’s Australian Shape Trade Mark for the Spirit of Ecstasy