13 February, 2014
Spruson

Radio Systems Corp v Sustainable Agriculture and Food Enterprises Pty Ltd [2014] ATMO 12

Radio Systems Corp v Sustainable Agriculture and Food Enterprises Pty Ltd [2014] ATMO 12

Sustainable Agriculture and Food Enterprises Pty Ltd’s application for a slightly stylised PETSAFE mark (reproduced below) we opposed by Radio Systems Corp.

The opponent is the owner of Australian Trade Mark Registration No. 922973 for PETSAFE covering a range of pet related goods in Classes 9 and 19 whilst the application covered pet foods in Class 31.

Having pressed section 60, the opponent produced significant evidence of the reputation of its PETSAFE trade mark in Australiain the form of sales figures (attesting to continuous sales since 1998) and various promotional activities which indicated to the Hearing Officer that the opponent utilises a considerable advertisement budget and has a significant reputation in its trade mark.

In making her decision the Hearing Officer noted that pet foods (the applicant’s goods) and pet prodcuts (the oppoent’s goods) are usually sold side-by-side in large retail supermarkets.  This, coupled with the opponent’s reputation, led to the decision that the section 60 ground had been established.

To view the Office decision, click here.


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