Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.

Wednesday, March 22, 2017

Beat It

By Nick Li, Lawyer

The Australian Trade Marks Office has amped up Dr Dre's BEATS brand in its trade mark battle against an upstart rival's ATOMIC BEATS speakers.

In so doing, ATMO has confirmed that it can consider evidence in opposition proceedings which was not filed in time, under regulation 21.19 of the Trade Marks Regulations 1995 (Cth).

The decision of the Delegate in Beats Electronics LLC v Strategies Unleashed Pty Limited [2017] ATMO 6 follows another recent decision of the Australian Trade Marks Office in Apple Inc v Healthkit Pty Ltd [2016] ATMO 112 which also considered the operation of regulation 21.19. Together, the two decisions assist practitioners sound out the scope and limits of using regulation 21.19 as a means of getting in evidence which would otherwise not have been taken into account.