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Bravo Media applied for a trade mark for “JUST DESSERTS” in class 41. This mark was for use in a TV show spin-off from its “TOP CHEF” program.
Channel Seven opposed the registration of the mark on multiple grounds, though primarily that the trade mark wasn’t inherently adapted to distinguish.
Channel Seven was successful in its opposition, due to:
Providing evidence of reputation in the form of articles or TV programs carries little weight without accompanying submissions and information that demonstrates the applicable readership/viewership.