book a meeting Search Search
brisbane

level 16, 324 queen st,
brisbane qld 4000
+61 7 3235 0400

dandenong

40-42 scott st,
dandenong vic 3175
+61 3 9794 2600

melbourne

level 7, 600 bourke st,
melbourne vic 3000
+61 3 8615 9900

sydney

level 21, 20 bond st,
sydney nsw 2000
+61 2 8298 9533

hello. we’re glad you’re
getting in touch.

Fill in form below, or simply call us on 1800 888 966

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.