Can a business obtain the registration of a trade mark for services where the mark concerned is also the name of the building from which the services are supplied? This was the central issue for determination in a recent Federal Court decision involving the well-known Q1 building on the Gold Coast.
On 19 July 2012, Justice Reeves decided that this was no reason to prevent Mantra from obtaining a trade mark registration for “Q1” for the hotel and real estate services provided by it from the Q1 building.
As such, Justice Reeves set aside the decision of the Registrar of Trade Marks allowing an opposition by an offsite agent (the Respondent in the Federal Court proceedings) to Mantra’s registration of three trade mark applications for the “Q1” word mark.
This decision gives reassurance to hotel operators and the owners of management and letting rights for apartment complexes in Australia that they can protect their operating brand, even if it is the same or similar to the name of the building.
King & Wood Mallesons acts for Mantra and represented Mantra in the proceedings.