Qantas encounters strong headwind in opposition to kangaroo trade mark

What you need to know

• Qantas has been unsuccessful in its attempts to prevent the registration of another party's trade mark incorporating a stylistic representation of a kangaroo on a t-shirt.
• Qantas initially opposed the trade mark, then appealed the decision to the Federal Court of Australia arguing that the t-shirt mark was 'deceptively similar' to some of Qantas' existing trade marks, and that the t-shirt mark would cause confusion in the marketplace.
• In dismissing Qantas' arguments, the Federal Court's decision is a reminder that competing trade marks must be considered by taking a holistic view that accounts for the similarities and differences between the marks, as well as the context in which a prior mark has been used.