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ARTICLE · 04 FEBRUARY 2021

US generic trade mark registration and its effects on Australian regulation

McCarthy Durie Lawyers
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This recent US case is an indication that the framework and basis on which a trademark is deemed registrable is changing.

AustraliaIntellectual Property
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AUDIENCE PARTICIPATION: American Supreme Court Trade Mark determination and its effects on Australian regulation

To trademark booking.com or not to trademark booking.com that is now the decided question.

Case Summary

The United States Supreme Court has handed down its ruling in the case of UNITED STATES PATENT AND TRADEMARK OFFICE ET AL. v. BOOKING.COM B. V. and the outcome is a little remarkable because it upheld the junior's court decision which said that US Patent and Trademark Office [USPTO] had erred in not allowing 'BOOKING.COM' to be registered a registered trademark. The decision rested on the argument about whether BOOKING.COM was distinctive enough for it to be registered as a trade mark.

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