First In, Best Dressed 🥇
Waiting until the time is right to further your trade mark application? Be mindful that someone may beat you to the chase.
Vitalis Healthcare applied to trade mark ‘Vitalis’ for a range of medical services. Similarly named company Vitalis Health & Home Care opposed the trade mark application. Vitalis Health & Home Care argued that they had been using an identical trade mark prior to Vitalis Healthcare, in relation to the same, or similar, services.
The opposition decision came down to the concept of first use. Australia is a first to use jurisdiction, which means that the rights to the trade mark are granted to whoever is first to use the trade mark in the course of trade.
The Trade Marks Office considered that the Opponent first used the trade mark in September 2015 when they conducted a presentation to a retirement village which included a powerpoint presentation with the trade mark. Mere marketing and advertising that is, before any actual sales were realised.
The Trade Marks Office held that Vitalist Health & Home Care offered its services to the public at this time, which was deemed enough to be considered the first use of the trade mark.
Don’t sit on your hands, registering your trade mark early is the only way to secure the investment in your brand.
Want to know more about registering a trade mark? Simply get in touch: firstname.lastname@example.org or send us a DM.
Photo by marianne bos via Unsplash - 8 hours ago