McDonnell & Beaumont Management Services Pty Ltd v Dawson [2023] ATMO 58
An interesting TM decision for puggle enthusiasts!
The decision also deals with some interesting opposition issues, including:
Exercise of the Registrar’s discretion to allow amendments to the Statement of Grounds prior to hearing. In this case, delay and prejudice to the Applicant were both considered as relevant factors not to allow the Statement of Grounds to be amended;
Electronic publications (class 9) considered not to be of the same description as electronic transmission services (class 38);
PUGGLE and PUGGLE POST found not to be substantially identical marks (section 58), but were deceptively similar (section 60).
Sufficiency of revenue, social media and newsletter subscription evidence for determining reputation under section 60.
Toys and games (class 28) found not to be closely related to retail services (class 35) or telecommunication services (class 38).
Link to full decision is below:
#puggle #pugglepost #trademark #trademarkopposition
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