BP p.l.c. v Woolworths Limited [2004] FCA 1362

BP p.l.c. v Woolworths Limited [2004] FCA 1362

The colour green as applied in BP's get-up had, by the date of the applications, acquired a secondary meaning and was distinctive of BP's goods and services; amendments to the applications restricted rather than extended rights, meaning the applications were validly amended under s 65; the marks are capable of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 October 2004
Procedural Posture
Appeal From Registrar of Trade Marks / Judgment
Outcome
Appeals allowed
Legal Topics
['colour Marks' 'distinctiveness' 'secondary Meaning' 'trade Dress' 'amendment of Applications']
['intellectual Property' 'trade Marks'] ['colour Marks' 'distinctiveness' 'secondary Meaning' 'trade Dress' 'amendment of Applications']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From Registrar of Trade Marks / Judgment

Legal Issues

  1. 1 ["Whether amended trade mark applications extend applicant's rights contrary to s 65 of Trade Marks Act 1995 (Cth)" "Whether the colour mark is capable of distinguishing BP's goods/services as required by s 41 of Trade Marks Act 1995 (Cth)" 'Whether single elements such as colour may be dissected from get-up for trade mark registration']

Ratio Decidendi

The colour green as applied in BP's get-up had, by the date of the applications, acquired a secondary meaning and was distinctive of BP's goods and services; amendments to the applications restricted rather than extended rights, meaning the applications were validly amended under s 65; the marks are capable of distinguishing BP's goods and services within the meaning of s 41 and should proceed to registration.

Court Disposition

Appeals allowed

Orders

  • ["Set aside Registrar's decisions" 'Direct applications proceed to registration' "Order Woolworths to pay BP's costs both of the appeals and proceedings before the Registrar"]