Baxter IP Patent and Trade Mark Attorneys (Baxter IP) has successfully defended oppositions to the registration of Trade Marks of its client Cracka IP Pty Ltd.
Cracka IP Pty Ltd is the applicant for the following Trade Marks in relation to wine; cellar door sales of wine; retailing and direct marketing of wines; and distribution of wine:
Application Number: 1927725 for the Trade Mark:
Application Number: 1941358 for the Trade Mark:
The above Trade Mark applications were accepted for registration. At acceptance, both applications were opposed by the same third party (opponent). Grounds of opposition pressed by the opponent at a final hearing included s58 (ownership), s60 (acquired reputation), s42(b) (contrary to law) and s62A (application made in bad faith).
Parties to the opposition proceedings completed evidentiary stages, and upon completion of evidence both parties sought a decision in the oppositions by oral hearing before the Australian Trade Marks Office.
Based on evidence prepared by Baxter IP, all the grounds of opposition were defeated. Baxter IP is extremely pleased that valuable Trade Mark assets of Cracka IP have been successfully defended in a hotly contested opposition battle. A cracking win!