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ARTICLE · 25 AUGUST 2012

Protecting your assets - building names and trade marks

Can a building name be protected by trade mark? Should a building owner seek that protection?

AustraliaReal Estate and Construction

Focus: Mantra IP Pty Ltd v Spagnuolo [2012] FCA 769
Services: Intellectual Property & Technology, Property & Projects
Industry Focus: Property

Mantra IP Pty Ltd v Spagnuolo [2012] FCA 769

Can a building name be protected by trade mark? Should a building owner seek that protection?

A recent decision of the Federal Court in relation to the iconic "Q1" high rise apartment building on the Gold Coast in Queensland is set to place trade mark protection back on the agenda for the Australian property industry.

The case involved an appeal from a decision of a delegate of the Registrar of Trade Marks. It centred on three trade mark applications for the word mark "Q1" filed by Mantra IP. The applications sought to protect a variety of services including leasing, property management, reservation and accommodation services.

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