Organisation: IP Australia

Well-timed letter to registrar may be first step in preventing another party's registration

The decision of the Federal Court in <i>1-800-Flowers.com Inc v Registrar of Trademarks</i> demonstrates that the registrar has a broad power, under Section 38 of the Trademarks Act, to revoke the acceptance of an application. It also suggests that writing to the registrar in support of revoking acceptance of an application may be an effective tool for prospective opponents.

20 April 2012