Direct Barrels Pty Ltd v Elevage Global Pty Ltd as trustee for P & G Steer Family Trust

Direct Barrels Pty Ltd (the Opponent) sought to register the trade mark "BarriQ" for staves of wood and other wood products used in the making and maturation of wine. Elevage Global Pty Ltd as trustee for P & G Steer Family Trust (the Applicant) opposed this registration. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the Opponent had established ownership of the trade mark "BarriQ" in Australia. This involved determining whether the Opponent had acquired the relevant intellectual property from the previous owner, Flextank International Ltd, and whether the trade mark had been continuously used in Australia by the Opponent since that acquisition.

The Court considered evidence, including a declaration from the Managing Director of the Opponent, detailing the purchase of Flextank's assets in November 2019. This purchase included Flextank's intellectual property, trade names, and registered trade marks, specifically mentioning the "BarriQ" trade mark. Evidence was presented showing the trade mark's use by Flextank and its associated companies since at least 2011, including a US trade mark registration and commercial invoices demonstrating its application to oak stavewood products. The Court noted that the Opponent had continued to use the "BarriQ" trade mark in Australia since acquiring Flextank's assets, maintaining an exclusive business relationship for the supply of branded oak stavewood.