Trade Mark News & Information

Trademark Lawyer – Federal Court – Mcqueen Appeal

Autumnpaper Ltd v Metropolitan Investment Group Pty Ltd [2017] FCA 1578 (8 December 2017)

This case concerned an appeal by Autumnpaper against a Registrar’s decision refusing registration of its application for trademark registration of the word mark Mcqueen on the ground of non-distinctiveness under s41 following an opposition by Metropolitan.

Metropolitan took no part in the appeal and Lee J followed previous authority in holding that, since there is no evidence by which the opposition is sought to be maintained and the Registrar has not indicated an intention to appear, the appeal should be allowed.

Costs of the appeal were awarded to Auntumnpaper but Metropolitan was given 14 days to put material before the Court on this issue.