The IPKat has learnt from The Age that the Austrialian Government has released details of the settlement between Deckers, the US company which successfully trademarked the term UGG and Austrialian makers of sheepskin boots known as ugg boots. The term was allowed to remain on the register, but it seems that Australian bootmakers can use it, as long as they don’t (according to the article) mark their product with a brand deceptively similar to another. Said the Parliamentary Industry Secretary
“The trademark protection only applies for the way the mark looks or appears in its entirety, rather than the words used within it”.
The IPKat says that this sounds like very narrow protection, limited to the word in a particular typeface. If so, the competition will not be harmed.
Community trade mark 1409721 has been registered from 3rd December 1999 for UGG in Class 25 specifying footwear. Will Australians entering the EU be required to remove their boots?
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