seven network (operations) v bravo media case summary
overview

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.

decision

Channel Seven was successful in its opposition, due to:

1. “JUST DESSERTS” (the trade mark) was considered an obvious play on the term “just desserts”.
2. No evidence of use of the trade mark solus was provided; all the instances of use was of the term JUST DESSERTS together with “TOP CHEF”.
3. No evidence of exposure of the trade mark was filed.

key takeaways

• It is important to use a trade mark on its own and have instances of use ready, especially for trade marks that have low inherent adaptability to distinguish.

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.