03 November, 2014
Spruson

Bendigo Cemeteries Trust [2014] ATMO 82

Bendigo Cemeteries Trust [2014] ATMO 82

Ex Parte Hearing into the registrability of the trade mark ‘Remembrance Parks Central Victoria’.

The section 41 objection was: ‘your trade mark as a whole is descriptive because it indicates the geographical origin, character and intended purpose of the funeral related goods and services. A PARK in CENTRAL VICTORIA dedicated for the REMEMBRANCE of a person or persons’.

The application covered a wide variety of goods and services across several classes. The objection related mainly to:

Class 35: Cemetery management and business administration, crematoria business administration, office administration, website branding; and

Class 45: Funeral and crematoria services including its associated bereavement counselling; funeral services (including pre-paid funeral services), burial, cremation, grave digging, undertaking, embalming.

The applicant led evidence of its use and intended use of the trade mark, however, the Hearing Officer viewed most of the use to be either the below logo form or simply a business name that was not being used as a trade mark.

remembrance parks

On the evidence led, the Hearing Officer determined that the plain word mark applied for would be a ‘name may be doomed to shuffle forever in the shadow of that distinctive trade mark’.

The application was refused for the services mentioned above.

To view the Office decision, click here.

This article is an extract from Spruson & Ferguson’s monthly summary of Australian Trade Mark Office decisions. You can view the entire month’s summary here.


KHAJAQUE KORTIAN

Principal / Solicitor / Trade Mark Attorney
Litigation Team, Trade Marks Team
Sydney, Australia

DANIEL WILSON

Associate / Trade Mark Attorney
Trade Marks Team
Sydney, Australia

 

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