By Cameron Atfield

Copyright theage

“While I acknowledge that the applicant has significantly invested in the construction of the terminal and that the subject mark has been in use since 2020 and in respect of the claimed services since 2022, the exhibits provided are somewhat limited and do not clearly establish that the average Australian consumer is familiar with the subject mark,” she said.

University of Queensland trademark expert Professor John Swinson, an arbitrator for the World Intellectual Property Organisation in Geneva, said the setback would not have any bearing on the terminal’s operation.

“You don’t need to register a trademark – it’s not like if you don’t have a registered trademark, you can’t trade,” he said.

“I could set up a business and call it Jack’s Fruit Store and you don’t need a trademark registration. You just need a business name registration, which is a different thing.