Case Note: Woolworths Limited v BP p.l.c. [2013] ATMO 61 (8 August 2013)


On 8 August 2013, the Australian Trade Mark Office delivered a decision in Woolworths Limited v BP p.l.c. [2013] ATMO 61, a trade mark opposition case in which Spruson & Ferguson successfully represented the opponent, Woolworths Limited (“Woolworths”).

The ATMO found that BP had not established the necessary extent of use of the trade mark, a green striplight affixed to the canopy of its service stations, to overcome Woolworths’ contention that the trade mark is not inherently adapted to distinguish BP’s goods and services (and act as a trade mark). The trade mark application was therefore refused.

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