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ARTICLE · 16 NOVEMBER 2021

Businesses should avoid adopting trade marks that contain elements that indicate well-known trade marks

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Businesses should avoid adopting trade marks that contain elements that indicate well-known trade marks.

AustraliaIntellectual Property
Lan Pham
Lan Pham
Francesca Colubriale
Francesca Colubriale
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(Businesses should avoid adopting trade marks that contain elements that indicate well-known trade marks)

Instagram LLC v Instagoods Pty Ltd [2021] ATMO 53 (16 June 2021)

Instagram is often referred to as "Insta", and the power of consumer recognition of that reference has helped Instagram LLC succeed in opposing the registration of the INSTADATE trade mark in Australia. The decision serves as a reminder for businesses to be mindful of adopting prefixes or suffixes as part of their branding which could be perceived as indicating well-known trade marks.

Instagram, LLC ('Instagram') filed an opposition against an application to register the trade mark INSTADATE by Instagoods Pty Ltd ('Instagoods'), covering computer software for retail services and retail services.

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