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Capi Sparkling Mineral Water – Trade Marking & IP Advice

Janice Yew | August 30th, 2015

mdp helped Fresh Local Pty Ltd to expand its trade mark portfolio internationally for its award-winning CAPI mineral water.

Background

Our client is an Australian company with a big focus on producing high quality mineral waters and sodas. CAPI Mineral Water was awarded ‘World’s Best Water’ and CAPI Pink Grapefruit Soda was awarded ‘Gold’ in the Soda category in the 2015 World Beverage Competition.

The CAPI brand was launched in 2007, is becoming increasingly popular in Australia and is about to take on international markets.

The Challenge

Our client knows how to build a brand with a very strong reputation and fortunately they understand the importance of protecting that reputation. The challenge is ensuring that trade mark applications are in place before overseas trade commences, otherwise you run the risk of trade mark pirates taking advantage of the reputation you have already developed in the brand.

The Solution

mdp has prepared and filed a number of international CAPI trade marks in order to protect the CAPI brand as much as possible.

We have also trade marked the CAPI brand in Chinese characters in various jurisdictions to prevent trade mark pirates from taking advantage of the ‘first to file’ rule in other countries.

We have handled a Federal Court trade mark dispute between our client and one of its competitors, who adopted a very similar name to CAPI for its flavoured mineral water products. We were able to assist the client to resolve that matter before trial and succeeded in having the competitor rebrand its products and pay costs to our client.

The Results

The client now has an impressive international trade mark portfolio which significantly increases the value of its business. In future, if the client wishes to sell its business, it will have done everything it can to make it a very attractive business proposition to a purchaser.

Our client now has the ability to expand its trade internationally with the confidence that it can enforce its registered brand.

Janice Yew

Janice Yew

Lawyer, BCom JD at mdp
Janice joined mdp in 2013 as a law clerk while completing her Juris Doctor at the University of Melbourne. In 2015, she came onboard full-time as a law graduate, and started working in the firm’s property, commercial and intellectual property practices.
Janice Yew

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