Federal Court of Australia
FEDERAL COURT OF AUSTRALIA TRADE MARKS - Application for registration of mark - Opposition to application by proprietor of an already-registered mark - Application refused for lack of distinctiveness and because mark was substantially identical with, or deceptively similar to, opponent's mark - Appeal against rejection disallowed on ground of deceptive similarity - Comment deprecating the use of expert evidence regarding the meaning and pronunciation of ordinary English words. Trade Marks Act 1955, ss 6, 25 and 33. COMPANHIA SOUZA CRUZ INDUSTRIA E COMERCIO v ROTHMANS OF PALL MALL (AUSTRALIA) LTD NG304 of 1997 JUDGE: WILCOX J PLACE: SYDNEY DATE: 17 JUNE 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG304 of 1997
BETWEEN: COMPANHIA SOUZA CRUZ INDUSTRIA E COMERCIO
Applicant
AND: ROTHMANS OF PALL MALL (AUSTRALIA) LTD
Respondent
JUDGE: WILCOX J
DATE OF ORDER: 17 JUNE 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The applicant, Companhia Souza Cruz Industria E Comercio, pay the costs of the respondent, Rothmans of Pall Mall (Australia) Ltd, excluding all costs associated with the use of expert linguistic evidence. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG304 of 1997
BETWEEN: COMPANHIA SOUZA CRUZ INDUSTRIA E COMERCIO
Applicant
AND: ROTHMANS OF PALL MALL (AUSTRALIA) LTD
Respondent
JUDGE: WILCOX J
DATE: 17 JUNE 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT WILCOX J: This is an appeal against a decision of a delegate of the Registrar of Trade Marks, Michael Homann, refusing to register a trade mark, FREE, in respect of the category of goods (Class 34) described in the Trade Marks Register as "tobacco, cigarettes and smokers articles in general".
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