We are pleased to announce that David Moore has been appointed as co-chair of the Asia-Pacific Sub Committee of the International Trademark Association's INTA Bulletins Committee. His two year term will begin on 1 January 2024. 

 As the end of the year approaches, we’d like to acknowledge the successes that 2023 has brought for Henry Hughes IP, which would not have been possible without our clients. We would also like to note our client’s successes this year, whether that be awards of their own or new business developments.

  In this article, intellectual property assistant Gracie Scragg discusses what business owners should be aware of when using generative AI in relation to their intellectual property rights.

As 2023 draws to a close, we thank you, our clients, and wish you a festive holiday period and a happy New Year. It has been our privilege to work with you and we look forward to working with you in 2024. We also look forward to seeing many of you in person over the coming year. 

Last week (13th -17th November), we celebrated the annual Living Wage Week, which acknowledges accredited businesses for their commitment to paying staff at least the living wage. We thank our clients for affording us the ability to support our staff through the Living Wage Accreditation.

 To be eligible for registration in New Zealand, a trade mark must be distinctive and not descriptive of the goods and services for which registration is sought. However, the Trade Marks Act 2002 provides an important exception to the prohibition on registration of trade marks which are not inherently distinctive. Section 18(2) provides that Commissioner must not refuse to register a trade mark if, before the date of application for registration, the trade mark has acquired a distinctive character. The section further provides that the distinctive character may be acquired either through the use of the trade mark, or as a result “of any other circumstances”.

Double patenting grounds in New Zealand have included prior claiming, section 8(2) prior art (‘whole of contents approach’), Dreyfus’ situations, and parent/divisional overlap. A look at the timeline shows a clear trend, whether deliberate or otherwise, towards a more liberal approach to applicants with two or more applications to the same or similar subject matter.

As of 23 July 2023 , Elon Musk rebranded the social media platform Twitter to X. The brand change is suggested to be a reflection of Musk’s change management strategy and upheaval of previous Twitter processes since his takeover in October 2022.¹ This article discusses the implications this will have on the social media platform’s brand equity, and the challenges it’s likely to face as a commonplace trade mark.

Director Elena Szentivanyi discusses how IP Australia is considering extending the scope of registered design rights to include virtual, partial and incremental designs.