LOVEDALE - THE HEART OF THE HUNTER trade mark hearing

Sarah Hickey and Peter Chalk of Blake Dawson report on the Trade Marks Office decision of McWilliams Wines Pty Ltd v Lovedale Chamber of Commerce [2007] ATMO 8 (7 February 2007) in which the Trade Marks Office allowed the composite mark LOVEDALE� THE HEART OF THE HUNTER (the Mark) to be registered by the Lovedale Chamber of Commerce (LCC) for services in classes 35 (commercial, promotional and advertising services) and 41 (event management services). This decision of the Australian trade marks office highlights that putting forward a multitude of grounds for opposition does not necessarily guarantee success.

  • Reasons why registration of the mark would (rather than could) result in the particular outcome (ie deception or confusion, or contravention of law) should be clear and cogently argued in order to enhance an opposing party�s prospects of success.

Link to LOVEDALE � THE HEART OF THE HUNTER trade mark hearing


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