“Your Ghost My Trademark”

 

A recent decision by the Australian Trade Marks Office (ATMO) highlighted the importance of the intent of an applicant in filling a Trademark application.

In Marvel Characters, Inc v Gary Charles (Unreported), the hearing officer rejected a Trademark application on the grounds of bad faith.

Facts:

The applicant Gary Charles is a Brisbane clothing-store owner. He filed an application before the ATMO to register the mark “GHOST RIDER”.

The mark sought to be registered by Gary Charles was identical to the famous comic book character owned by Marvel Characters, Inc.

Marvel Characters, Inc objected to Gary Charles’s Trademark application.The objection was raised under Sec 62A of TRADE MARKS ACT 1995.According to this section:

“The registration of a trade mark may

be opposed on the ground that the

application was made in bad faith.”

Decision:

Hearing officer rejected the Trade Mark application on the following grounds:

1. Evidence provided by the opposition proved that the applicant had a history pointing to habitual misrepresentation;
2. Unauthorised sale of “Ghost rider” clothing

Lessons:

The above decision highlights the minute detail that would be looked into before accepting or rejecting a Trademark application. Further, it broadens the understanding of the concept of bad faith in relation to a Trademark application.