Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Buchanan Turf Supplies Pty Ltd v Registrar of Trade Marks [2015] FCA 756 Citation: Buchanan Turf Supplies Pty Ltd v Registrar of Trade Marks [2015] FCA 756
Appeal from: Buchanan Turf Supplies Pty Limited [2014] ATMO 26
Parties: BUCHANAN TURF SUPPLIES PTY LTD v REGISTRAR OF TRADE MARKS
File number(s): NSD 335 of 2014
Judge(s): YATES J
Date of judgment: 24 July 2015
Catchwords: TRADE MARKS – application to register the sign SIR WALTER as a trade mark – whether the sign is inherently adapted to distinguish – whether the sign in fact distinguished the designated goods before the filing date – where the designated goods are constituted by a plant variety for which a PBR has been granted under the Plant Breeder's Rights Act 1994 (Cth) – where the sign is the given and official name of the plant variety TRADE MARKS – appeal from decision of a delegate of the Registrar of Trade Marks refusing acceptance of a trade mark application in the absence of amendment
Legislation: Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) Plant Breeder's Rights Act 1994 (Cth) ss 11, 16, 17, 18, 19, 22, 23, 26, 27, 46, 53, 61 Trade Marks Act 1995 (Cth) ss 33, 41
Cases cited: Apple Inc v Registrar of Trade Marks (2014) 227 FCR 511 Apple Inc v Registrar of Trade Marks (2014) 109 IPR 187 Blount Inc v Registrar of Trade Marks (1998) 83 FCR 50 British Sugar plc v James Robertson & Sons Ltd [1996] RPC 281 Buchanan Turf Supplies Pty Ltd v Premier Turf Supplies Pty Ltd [2003] FCA 230 Cantarella Bros Pty Ltd v Modena Trading Pty Ltd (2014) 315 ALR 4 Chocolaterie Guylian NV v Registrar of Trade Marks (2009) 180 FCR 60 Clark Equipment Company v Registrar of Trade Marks (1964) 111 CLR 511 Heritage Seeds Pty Ltd [2007] ATMO 4 Johnson & Johnson Australia Pty Limited v Sterling Pharmaceuticals Pty Limited (1991) 30 FCR 326 Kenman Kandy Australia Pty Ltd v Registrar of Trade Marks (2002) 122 FCR 494 Mastronardi Produce Ltd v The Registrar of Trade Marks [2014] FCA 1021 Re SFR Holdings Inc (2013) 103 IPR 190 Re Wheatcroft Brothers Limited's Trade Marks [1954] Ch 210 Unilever plc's Trade Mark Applications [2003] RPC 35 Woolworths Ltd v BP plc (No 2) (2006) 154 FCR 97 Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd (2010) 191 FCR 297
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