The mixed value of reputation in trademark oppositions
Australian Postal Corporation (APC) v Sendle Pty Ltd involved an opposition by APC to Sendle’s application to register the mark POST WITHOUT THE OFFICE, on the grounds of deceptive similarity. The delegate of the registrar was unconvinced that the mark would be perceived as a brand extension. This case illustrates that the Australian Trademarks Office will take into account the reputation of marks.
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