Thomson v B Seppelt & Sons Ltd

The High Court of Australia considered an appeal concerning the registration of a trade mark in *Thomson v B Seppelt & Sons Ltd*. The dispute centred on whether the geographical name "Seppelt" was a distinctive mark capable of registration under the *Trade Marks Act 1905-1922*.

The primary legal issue before the Court was whether the word "Seppelt," being a geographical name, could be registered as a trade mark, particularly in light of section 16 of the *Trade Marks Act 1905-1922*, which deals with the registration of distinctive marks. The Court also had to consider the application of section 53A, which addresses the use of a mark by a person other than the proprietor.

The Court held that a geographical name could be registered as a trade mark if it had acquired distinctiveness through use. In this instance, the evidence demonstrated that "Seppelt" had become exclusively associated with the goods of the applicant, B Seppelt & Sons Ltd, and had acquired a secondary meaning as a trade mark. The Court reasoned that the Act did not prohibit the registration of geographical names per se, but rather required them to be distinctive. The Court found that the applicant had discharged the onus of proving distinctiveness.

The appeal was dismissed, and the registration of the trade mark "Seppelt" was upheld.