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ARTICLE · 13 SEPTEMBER 2016

Protecting the Qantas Kangaroo trade mark

This case highlights the importance of considering the different types of marks which are important to your business.

AustraliaIntellectual Property

The case of Qantas Airways Ltd v Edwards

Qantas uses a variety of "kangaroo" trade marks as part of its business, including the "kangaroo tail fin" logo below which it registered in Australia in 1996 for advertising, marketing and merchandising services and financial, investment and banking services associated with the use and promotion of credit cards and charge cards (Registration No. 711454):

In a recent Federal Court case, Qantas has unsuccessfully opposed an application by Mr Luke Edwards to register the following "kangaroo t-shirt" logo as a trade mark:

Mr Edwards operates an online retail store selling a range of goods including clothing and apparel. In 2010, Mr Edwards applied to register his "kangaroo t-shirt" logo above as a trade mark, for use in relation to clothing; footwear; headwear; shirts; T-shirts. At the time, Mr Edwards's online store offered t-shirts branded with his "kangaroo t-shirt" logo.

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