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ARTICLE · 10 MAY 2020

The claws come out – a distinctive design - or trade mark infringement?

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The case shows a design element can change the impression conveyed, so the composite mark gave a different impression.

AustraliaIntellectual Property
Kathy Mytton
Kathy Mytton
Sean McManis
Sean McManis
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Caterpillar Inc. v Sayvest Pty Ltd [2020] ATMO 16 (5 February 2020)

Caterpillar Inc. (Opponent), the well-known US construction equipment manufacturer, was partially successful in its oppositions to registration of two trade marks (Trade Marks) IRONCAT (Word Mark) and IRONCAT TYRES logo shown below by Sayvest Pty Ltd (Applicant) for various tyres in class 12 and related services in classes 35 and 37 (Sayvest Goods and Services):


Composite Mark

Section 44

The Opponent relied principally on grounds of opposition under ss44 and 60 of the Trade Marks Act 1995 (the Act). The opposition to the Word Mark was successful under ss 44 and 60, but it failed in respect of the Composite Mark.

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