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ARTICLE · 05 DECEMBER 2018

Trade marks with geographical connotations

When choosing a trade mark, keep in mind that marks with geographical connotations can be difficult to protect and enforce.

AustraliaIntellectual Property

When choosing a trade mark, keep in mind that marks with geographical connotations can be difficult to protect and enforce.

This case illustrates that even trade marks with references to former geographical locations can be problematic, particularly if that area was and still is well-known as a source of particular products.

The relevant geographical location in this case is the area in the Czech Republic which was formerly known as "Bohemia". The parties involved in the dispute both distributed crystal-ware and glassware in Australia under different "Bohemia" brands: Bohemia Crystal Pty Ltd under the name "Bohemia", and Host Corporation Pty Ltd under the name "Banquet Crystal by Bohemia".

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