Trademark cancelled in Australia

13-04-12

The company Yarra Valley produces a specialty marinated cheese named PERSIAN FETTA. Yarra Valley sued Lemnos Foods for infringing on its trade mark. However, Lemnos counter claimed for cancellation holding Yarra Valley’s trademark as descriptive. Yarra Valley had applied to register the mark and it was granted in May 2002. Subsequently Yarra Valley licensed the mark to National Foods for their cheese range.

In 2009, Lemnos began marketing a marinated cheese under the name PERSIAN MARINATED CHEESE, in similar packaging to Yarra Valley’s cheese product. Lemnos argued that the name PERSIAN FETTA was common in describing a type of cheese originating in a specific geographical area. The Court upheld Lemnos’ ‘descriptive’ argument; considered that Yarra Valley’s mark had failed to obtain distinctiveness through use and ordered cancellation as Yarra Valley’s mark failed to meet trademark requirements. 
Source: World Patent and Trademark News 

We found Trademarkhost to be very prompt and professional in everything they do and keen to grasp and fully understand our requirements. Not forgetting to mention, their ability to deliver at a competitive price.

B. McGlynn - Outback, Ireland

I am very happy that I have chosen Trademarkhost. The communication with the Trademarkhost attorneys has also been very pleasant. Every time you call or contact them, they are prepared to help.

Mr. A. Sarra, USA

Trademarkhost is well skilled in everything trademarks. They were always there to answer my questions during every step of the way, simply great people. Trademarkhost gave me and my business the chance to focus on what we do best.

G.P. Kebbe, Lebanon

Trademarkhost did a very good job at expediting our trademark registrations in the EU.

C. Bond , Australia

I was really satisfied with the service and activity of Trademarkhost of performing a trademark search and on providing recommendations and estimations.

R. Torkelund, Luxemburg

I’ve chosen Trademarkhost as our worldwide trademark representative because they always gave me immediate and professional response with regard to all my questions.

M. Marina - INNOTEC, Moscow

They were efficient and responsive in handling our trademark matters, and always provided us with positive and sound advice, which shows their professionalism and experience in this field.

Ms. Uttamchandani - D2UK Fashion, Hong Kong

Why Trademarkhost?

  • Worldwide trademark protection in more than 120 countries.
  • Professional & personal advice.
  • Free opinion on registrability & Free identical searches (if possible).
  • The best fixed fees & no hidden costs.
  • Your own personally assigned trademark attorney (contact person).