We filed our Petition for a Writ of Certiorari with the US Supreme Court yesterday.I have attached a few pages which outline the questions we are presenting to the Court as well as our Introduction.
The questions presented are:
1. Whether a term that is generic in the English speaking foreign country from which it originated is ineligible for trademark protection in the United States.
2. Whether and, if so, how the “primary significance to the relevant public” standard in 15 U.S.C. § 1064(3) for determining whether a registered trademark has “become” generic applies where a term originated as generic before registration.
We are still trying to convince the Australian Government to file an amicus brief in support of our Petition. They have until 4 November 2021 to file their amicus brief.