TRADE MARKS – whether one of two joint owners of a trade mark can apply for registration of the trade mark in own name under section 27 Trade Marks Act 1995 (Cth) – where section 28 Trade Marks Act 1995 (Cth) permits registration of trade mark by joint owners – where section 20(5) Trade Marks Act 1995 (Cth) governs exercise of statutory rights by joint owners of registered mark – where respondent applied for registration of trade mark in own name with consent of joint owner – finding that respondent had no entitlement to so apply – appeal allowed – trade mark registration cancelled TRADE MARKS – impugned finding that trade marks were deceptively similar – where registered mark is a composite logo – evaluation conducted by primary judge based on incomplete facts – essential feature of composite logo was star graphic which did not appear in the impugned marks – finding that there was no deceptive similarity having regard to manner in which impugned marks were used – appeal allowed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0383For more information, see the original judgement.
