Australian bicycle manufacturer Reid Cycles is appealing an IP Australia decision to reject its application for the Condor trade mark after a successful opposition by UK-based Condor Cycles.
The appeal was filed last week by Reid’s lawyers at K&L Gates, after hearing officer Bianca Irgang found that Condor Cycles had demonstrated use of the trade mark prior to Reid.
Reid filed its application for registration of the trade mark, Condor, in November 2015. Condor Cycles later filed its opposition after the registration was advertised in the Australian Official Journal of Trade Marks.
Condor Cycles claimed that the trade mark was substantially identical to its own, which had gained a reputation in Australia. The bike maker also alleged that Reid was not the lawful owner of the trade mark and that Condor Cycles itself had used the mark prior to Reid.
Reid argued it had continuously used the trade mark since January 2009, as the name of a ten-speed racing bike. The company wanted to use the word as part of a bird theme for a range of bicycles.
While Reid successfully demonstrated continuous use of the Condor mark, Irgang ruled on June 4 against its registration, saying Condor Cycles had demonstrated use of the name since 1948 in the UK, and on bicycles sold in Australia in 1974, and again in 2005-2006.
“[Condor Cycles] had used the opponent’s trade mark [Condor] on its website in 2005 which specifically states that it sold its bicycles by mail order to Australia – one of its target demographics for consumers,” she said.
“I am satisfied that [Condor Cycles] had used its trade mark on the same goods as [Reid] before any first use demonstrated by [Reid] of the trade mark.”
Irgang also awarded costs against Reid.
The first case management hearing for the appeal has been scheduled on July 6 before Federal Court Justice Bernard Murphy.
Reid Cycles is represented by K&L Gates.
The case is Reid Cycles Pty Ltd v Condor Cycles Limited.
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