Five Star Decision For Gold Coffee Trademark owner!

By Valerie Baretti

In December 2014, the High Court of Australia made its decision on the case of Cantarella Bros Pty Ltd v Modena Trading Pty Ltd. This decision has changed how foreign language word trade marks are dealt with in Australia and clarified the correct test to be used when determining if a word trade mark has inherent distinctiveness under Section 41(3) of Trade Marks Act 1995.
This landmark case is only the third trade mark case to go to the High Court since the enactment of the Trade Marks Act 1995.


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