Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
TRADE MARKS – Application for registration of trade mark in respect of retailing and wholesaling services – Application rejected on basis that the mark was deceptively similar to 14 cited marks, 13 in respect of goods and one in respect of distribution services – Cited marks all consisted of the word "metro" alone or "metro 22" – Subject mark consisted of two words "WOOLWORTHS metro." with wavy line background – Significance of use of word "Woolworths" – Subject mark not deceptively similar to any of the cited marks. Trade Marks Act 1995 – ss 10, 14, 35, 44(2) and 241(3) WOOLWORTHS LIMITED v THE REGISTRAR OF TRADE MARKS NG418 of 1998 JUDGE: WILCOX J PLACE: SYDNEY DATE: 9 OCTOBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG418 of 1998
BETWEEN: WOOLWORTHS LIMITED
Applicant
AND: THE REGISTRAR OF TRADE MARKS
Respondent
JUDGE: WILCOX J
DATE OF ORDER: 9 OCTOBER 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The order of the delegate of the Registrar of Trade Marks, rejecting application number 675941 by Woolworths Limited for registration of a composite mark consisting of the words "WOOLWORTHS metro.", be set aside. 3. In lieu of the said order, it be ordered the said mark proceed to registration. 4. The costs of the proceeding be reserved. 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 NG418 of 1998
BETWEEN: WOOLWORTHS LIMITED
Applicant
AND: THE REGISTRAR OF TRADE MARKS
Respondent
JUDGE: WILCOX J
DATE: 9 OCTOBER 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT
WILCOX J: This is an appeal by Woolworths Limited, under s 35 of the Trade Marks Act 1995, against a decision of a delegate of the Registrar of Trade Marks rejecting an application relating to a composite mark consisting of the words "WOOLWORTHS metro." against a background of flag-like wavy lines. The word "Woolworths" is printed in bold upper case letters above "metro" in larger cursive lower case script, each letter of "metro", and the full stop, being merely outlined but shaded on one side.
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