A dish best served distinct – trade mark conflicts over similar restaurant names

A trade mark is a distinctive sign used to identify and differentiate goods or services. It is a valuable business asset, as it gives the owner of the trade mark the exclusive right to use the trade mark and ability to deter others from using it. However, it is important to understand that having a registered trade mark is not infallible to the opposition by third parties. There are various grounds that a third party can pursue to oppose a trade mark registration that may result in that registered trade mark being cancelled.

Sometimes, these opposition grounds are also used by an alleged trade mark infringer as a counterargument to avoid the allegation of trade infringement by arguing that there was no valid registered registration mark in the first place.