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Corrs Chambers Westgarth - End of the Line for Trade Mark Oppositions
Corrs Chambers Westgarth reviews a recent decision of the Federal Court of Australia of The Scotch Whisky Association v. Marlon de Witt [2008] FCA 73, which they consider raises a bar to avenues of appeal in unsuccessful trade mark oppositions.
According to Corrs Chambers Westgarth, this case sounds a note of caution for unsuccessful opponents in the Trade Marks Office considering appealing the decision to the Federal Court. This case demonstrates that subsequent appeals, even where there are good grounds for the matter to be reconsidered by the Full Court, may be stymied by an overly strict approach to other traditional requirements for leave. By contrast, an unsuccessful opponent who permits the mark to become registered and then commences cancellation proceedings in the Federal Court has an unfettered right of appeal to the Full Court against the decision at first instance. Accordingly, Corrs Chambers Westgarth notes that this may become the preferred avenue for an unsuccessful opponent before the Trade Marks Office to progress its case in the courts.
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About this entry
- Published:
- 01 Mar 2008 / 01:38 AM
- Category:
- Trade Marks