Chrysler Corporation v Mark Grundy

Chrysler Corporation opposed the registration of two trade marks, numbers 732836 for the word "RAM" and 732837 for a device of a ram's head in a shield, both filed by Mark Grundy for vehicles and vehicle accessories. The opposition was heard by the Registrar of Trade Marks.

The legal issues before the Registrar were whether the applications should be refused on the grounds of ownership, prior reputation and deception or confusion, and whether the applications themselves were defective. Chrysler Corporation contended that it had established a significant reputation in Australia for vehicles sold under the "RAM" trade mark and associated ram's head device prior to Mr Grundy's applications, and that the registration of Mr Grundy's marks would be likely to deceive or cause confusion.

The Registrar considered extensive evidence from both parties regarding Chrysler Corporation's history and use of the "RAM" trade mark and ram's head device in relation to its Dodge vehicles, particularly pick-up trucks. Evidence was presented showing that while Chrysler Corporation did not directly ship its RAM vehicles to Australia before the application date, global advertising and publications featuring these vehicles had penetrated the Australian market. The Registrar noted that articles and advertisements about Dodge RAM models had appeared in Australian newspapers between 1993 and 1997, and a book detailing Dodge pickup history, which included the ram's head device, had been sold in Australia since 1996. The Registrar concluded that the evidence demonstrated a sufficient level of reputation and awareness of Chrysler Corporation's RAM trade marks in Australia by April 1997 to support the opposition.