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.
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
Key Legal Topics
Areas of Law
-
Intellectual Property
-
Administrative Law
Legal Concepts
-
Appeal
-
Costs
-
Statutory Construction
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
4
Food Channel Network Pty Ltd v Television Food Network GP
[2010] FCAFC 58
DC Comics v Cheqout Pty Ltd
[2013] FCA 478
Fry Consulting Pty Ltd v Sports Warehouse Inc (No 2)
[2012] FCA 81