FREDDY S.P.A. v Guangzhou Royal Wolf Supply Chain Co., Ltd

Case

[2023] ATMO 96

13 July 2023


Details
AGLC Case Decision Date
FREDDY S.P.A. v Guangzhou Royal Wolf Supply Chain Co., Ltd [2023] ATMO 96 [2023] ATMO 96 13 July 2023

CaseChat Overview and Summary

This decision concerns an opposition proceeding before the Delegate of the Registrar of Trade Marks, Louise Tuohy. The applicant, Guangzhou Royal Wolf Supply Chain Co., Ltd, sought to register trade mark 2170730, while the opponent, FREDDY S.P.A., opposed the registration.

The primary legal issue before the Delegate was whether the grounds of opposition raised by FREDDY S.P.A. under the *Trade Marks Act 1995* (Cth) had been established. Specifically, the opposition pursued grounds under sections 42(b), 58, 60, and 62A of the Act.

The Delegate found that the ground of opposition under section 62A of the Act had been established. Consequently, pursuant to section 55 of the Act, the Delegate decided to refuse the registration of trade mark 2170730. As the successful party, FREDDY S.P.A. was awarded costs against the applicant.
Details

Areas of Law

  • Intellectual Property

  • Administrative Law

Legal Concepts

  • Appeal

  • Costs

  • Statutory Construction

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