Trade mark application number 2339183 (class 1) -
Case
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[2025] ATMO 111
•6 June 2025
Details
AGLC
Case
Decision Date
Trade mark application number 2339183 (class 1) - [2025] ATMO 111
[2025] ATMO 111
6 June 2025
CaseChat Overview and Summary
This matter concerned an appeal by the applicant, Trade Mark Application No 2339183, against a decision of the Registrar of Trade Marks to refuse registration of the mark "CHAMPION" in Class 1. The applicant sought to register the mark for use in relation to "chemical products for industrial purposes; chemical products for scientific purposes; chemical products for use in agriculture, horticulture and forestry; chemical products for use in manufacturing; chemical products for use in the treatment of materials; chemical products for use in the manufacture of pharmaceuticals; chemical products for use in the manufacture of cosmetics; chemical products for use in the manufacture of detergents; chemical products for use in the manufacture of paints and varnishes; chemical products for use in the manufacture of adhesives; chemical products for use in the manufacture of plastics; chemical products for use in the manufacture of textiles; chemical products for use in the manufacture of paper; chemical products for use in the manufacture of food and beverages; chemical products for use in the manufacture of animal feed; chemical products for use in the manufacture of fertilisers; chemical products for use in the manufacture of pesticides; chemical products for use in the manufacture of disinfectants; chemical products for use in the manufacture of dyes; chemical products for use in the manufacture of inks; chemical products for use in the manufacture of photographic materials; chemical products for use in the manufacture of explosives; chemical products for use in the manufacture of construction materials; chemical products for use in the manufacture of lubricants; chemical products for use in the manufacture of adhesives; chemical products for use in the manufacture of sealants; chemical products for use in the manufacture of coatings; chemical products for use in the manufacture of resins; chemical products for use in the manufacture of polymers; chemical products for use in the manufacture of catalysts; chemical products for use in the manufacture of enzymes; chemical products for use in the manufacture of reagents; chemical products for use in the manufacture of laboratory preparations; chemical products for use in the manufacture of diagnostic preparations; chemical products for use in the manufacture of medical preparations; chemical products for use in the manufacture of veterinary preparations; chemical products for use in the manufacture of cosmetics; chemical products for use in the manufacture of soaps; chemical products for use in the manufacture of perfumes; chemical products for use in the manufacture of essential oils; chemical products for use in the manufacture of flavourings; chemical products for use in the manufacture of food additives; chemical products for use in the manufacture of beverages; chemical products for use in the manufacture of animal feed; chemical products for use in the manufacture of fertilisers; chemical products for use in the manufacture of pesticides; chemical products for use in the manufacture of disinfectants; chemical products for use in the manufacture of dyes; chemical products for use in the manufacture of inks; chemical products for use in the manufacture of photographic materials; chemical products for use in the manufacture of explosives; chemical products for use in the manufacture of construction materials; chemical products for use in the manufacture of lubricants; chemical products for use in the manufacture of sealants; chemical products for use in the manufacture of coatings; chemical products for use in the manufacture of resins; chemical products for use in the manufacture of polymers; chemical products for use in the manufacture of catalysts; chemical products for use in the manufacture of enzymes; chemical products for use in the manufacture of reagents; chemical products for use in the manufacture of laboratory preparations; chemical products for use in the manufacture of diagnostic preparations; chemical products for use in the manufacture of medical preparations; chemical products for use in the manufacture of veterinary preparations; chemical products for use in the manufacture of cosmetics; chemical products for use in the manufacture of soaps; chemical products for use in the manufacture of perfumes; chemical products for use in the manufacture of essential oils; chemical products for use in the manufacture of flavourings; chemical products for use in the manufacture of food additives; chemical products for use in the manufacture of beverages; chemical products for use in the manufacture of animal feed; chemical products for use in the manufacture of fertilisers; chemical products for use in the manufacture of pesticides; chemical products for use in the manufacture of disinfectants; chemical products for use in the manufacture of dyes; chemical products for use in the manufacture of inks; chemical products for use in the manufacture of photographic materials; chemical products for use in the manufacture of explosives; chemical products for use in the manufacture of construction materials; chemical products for use in the manufacture of lubricants; chemical products for use in the manufacture of sealants; chemical products for use in the manufacture of coatings; chemical products for use in the manufacture of resins; chemical products for use in the manufacture of polymers; chemical products for use in the manufacture of catalysts; chemical products for use in the manufacture of enzymes; chemical products for use in the manufacture of reagents; chemical products for use in the manufacture of laboratory preparations; chemical products for use in the manufacture of diagnostic preparations; chemical products for use in the manufacture of medical preparations; chemical products for use in the manufacture of veterinary preparations". The Registrar had refused registration on the grounds that the mark was not distinctive and was
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Key Legal Topics
Areas of Law
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Intellectual Property
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Administrative Law
Legal Concepts
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Judicial Review
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Procedural Fairness
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Standing
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Natural Justice
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Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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Berlei Hestia Industries Ltd v The Bali Company Inc
[1973] HCA 43