The application that was the subject of this matter (ALFREE) was a divisional application from the parent trade mark AlFREE. The divisional was objected to by the Trade Marks Office as it was not valid, in that it was not the same trade mark that is the subject of the parent and divisional. Self Care then applied to amend the divisional trade mark to match the parent.
That amendment was allowed by the Trade Marks Office and subsequently advertised and opposed by Johnson & Johnson.
Johnson & Johnson’s opposition was largely based on evidence that the applicant actually uses the trade mark mostly in all lower case. However, the Hearing Officer noted that how the trade mark is used is only a minor matter to be considered and that there had been an obvious clerical error, so the amendment was allowable.
To view the Office summary, 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.
Principal / Solicitor / Trade Mark Attorney
Litigation Team, Trade Marks Team
Associate / Trade Mark Attorney
Trade Marks Team