spid and cazz are incorrect!
They’ve missed the critical stage which has led to their assumptions, misunderstandings and angst.
If you look at the chronology of events which is on the IP Australia website under the ‘History and Publications’ arrow at the bottom of page (
IP Australia - trademarks) you will see what I mean. Also, see image attached below.
RNU filed a Notice of Intent to Oppose around 16 September 2021. However, RNU was able to terminate the opposition because the trademark was 'revoked' on 6 December 2021.
I understand that an ‘
adverse report’ may have been sent to the party seeking the patent (EGR) at the same time. However, the bottom line is that the HFfree ‘trademark’ application was REVOKED on 6 December 2021. Once that occurred, there is nothing else for RNU to do other than to monitor the situation as an ongoing matter. Meanwhile, RNU and other industry players are free to use the term in the mainstream vernacular.
So the question is, how did RNU manage to terminate the trademark so early. Answer: They’ve got an exceptional good advice and legal team. For instance, the initial stage is to provide a statement of your ‘grounds’ for opposing the trademark not provide the ‘evidence’ for opposing it at that stage. RNU’s grounds for opposing this trade mark is as follows:
'Trade mark not capable of distinguishing the applicant’s goods and/or services'It’s that simple folks! And what I find rather intriguing, is that the information is there in my previous post for all to see. See image below.
It looks to me like RNU have employed the best legal advice teams going around: EGR tried to own HFfree which they thought they had a right to, yet, RNU's legal team knocked them back because as it turns out, its already mainstream and not unique to them.
I think we are going to see the same thing happen with the patent application (Deja Vu)!
All IMO, DYOR, GLTA(patient)H
Previous image with my additional markings in blue pen highlighting RNU grounds to oppose. Source IP Australia - screen shot dated as at 26 March 2022.
