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Jan 17, 2013
Margaret Ryan, Phillips Ormonde Fitzpatrick Lawyers, Australia

The bad faith ground of trade mark opposition


Margaret Ryan, Phillips Ormonde Fitzpatrick Lawyers, AustraliaOnce a trade mark application is accepted for registration, anyone has the opportunity to oppose registration on any of the various grounds set out in the Trade Marks Act 1995 (TMA). Introduced to the TMA in 2006 was the ground of opposition that the trade mark application was made in bad faith. Dodds-Streeton J examined this issue in detail in Fry Consulting Pty Ltd v Sports Warehouse Inc (No.2)[2012] FCA 81. Since 1994 Sports Warehouse sold tennis goods, principally online, under the trade mark  read more