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ARTICLE · 08 AUGUST 2020

Battle of the Iron Chef trade marks

The trademark opposition was unsuccessful as the opponent failed to establish similarity between the services concerned.

AustraliaIntellectual Property

Fuji Television Network Inc v Iron Chef Pizza Pty Ltd (2020) ATMO 107 (18 June 2020)

This decision concerns an opposition by Fuji Television Network Inc ("Fuji Television") to an application by Iron Chef Pizza Pty Ltd ("Iron Chef Pizza") to register the trade mark IRON CHEF in respect of food delivery services and related software services ("the pending IRON CHEF trade mark") in Classes 39 and 41. Fuji Television is a production company that owns the rights to the Iron Chef franchise of cooking shows.

Fuji Television opposed the pending IRON CHEF trade mark on the basis that:

  • the pending IRON CHEF trade mark is substantially identical with or deceptively similar to prior registrations for the IRON CHEF trade mark in respect of kitchen goods and food/entertainment services owned by Fuji Television (section 44);

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