Diana Ferrari fails to reach top gear in trade mark dispute

McCullough Robertson reports that popular women’s shoe brand Diana Ferrari (Australia) Pty Ltdhas lost a three year bid to prevent luxury sports car brand Ferrari SpA registering the words Ferrari Shop and its well known Ferrari logo as trade marks in Australia for retailing services and a new range of watches, clocks, jewellery and accessories.
According to McCullough Robertson, it is important to consider the overall impression of the trade marks and the likelihood of consumer deception and confusion in conjunction with the goods and services claimed. Simply because two trade marks contain similar elements may not necessarily prevent those trade marks from co-existing on the Register. It is also important to ensure that comprehensive searches of the Register are undertaken prior to lodging a trade mark application, and that advice is sought on the prospects of registration and potential conflicts in light of similar existing trade marks that may exist on the Register.
McCullough Robertson – Diana Ferrari fails to reach top gear in trade mark dispute…