Trade Mark News & Information

Trademark Lawyer Sydney – Federal Court – MM Appeal

Marquis Macadamias Ltd v Mars Australia Pty Ltd [2022] FCA 207 (10 March 2022)

Successful appeal (by consent) by Marquis Macadamias from a Registrar’s decision refusing registration of its application for trademark registration of MM (Stylised) shown below filed on 30 July 2019 for various foodstuffs in classes 29, 30 and 31

Before the Registrar, the opposition to the MM (Stylised) mark was upheld under the s44 ground based on deceptive similarity to the opponent’s prior registration for M&M’S covering similar goods.

Before the appeal hearing, the parties submitted consent orders to resolve the proceeding. These orders included amendments to the class 30 specification basically excluding reference to chocolate products.

The Registrar did not have any objection and O’Bryan J approved the consent orders with no order as to costs.