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ARTICLE · 20 MARCH 2008

Intellectual Property News

Minter Ellison
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The Federal Court has dismissed three actions brought by two parties regarding the trade mark INNER HEALTH PLUS registered by Health World Limited ('Health World') and the trade mark HealthPlus registered by Shin-Shun Australia ('Shin-Shun').

AustraliaIntellectual Property
Charles Alexander
Charles Alexander

TRADE MARKS

Australia

Rectification and non-use claims dismissed in Federal Court trademark Dispute

The Federal Court has dismissed three actions brought by two parties regarding the trade mark INNER HEALTH PLUS registered by Health World Limited ('Health World') and the trade mark HealthPlus registered by Shin-Shun Australia ('Shin-Shun'). It was held that the trade marks were not deceptively similar and the rectification action brought by Health World was dismissed. Additionally, both parties sought removal of the opposing mark on the ground of non-use. Both non-use claims were dismissed by Jacobson J on the grounds that neither party had a real interest in removal of the trade marks and neither would be 'appreciably disadvantaged in a legal or practical sense' if the marks were to remain on the register. Health World's claims against Shin-Shun of passing off and contravention of the

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