3/20/2024 0 Comments Caffe vittoria logoHowever, the Applicant argued that the other elements of the Trade Mark, namely the words appearing in a highly stylised format and the rectangular device separated by white space, made the composite Trade Mark sufficiently distinctive. The Applicant acknowledged that the words VICTORIA COFFEE, an essential feature of the Trade Mark, are not by themselves inherently adapted to distinguish. This was because the mark contained other distinctive visual elements, such as a family crest. The Applicant argued that the Delegate should follow B avaria NV v Bayerischer Brauerbund eV FCA 428, in which a composite trade mark was sufficiently inherently adapted to distinguish beer, notwithstanding that it included the name of a well-known beer producing region in Germany, BAVARIA. The Applicant relied upon the well-established principle that an enquiry under section 41 of the Act requires the Trade Mark to be considered as a whole, and not artificially divided and assessed by its respective components. The Delegate ultimately refused to register the Trade Mark for the reasons outlined below. The Applicant's submissions to the Examiner were unable to overcome the section 41 ground, so the Applicant requested a hearing. The Applicant filed trade mark application 1955965 for in respect of goods in class 30, including coffee (the Trade Mark).Īt the examination stage, the Examiner raised a ground for rejection under section 41 of the Trade Marks Act 1995 (Cth) (the Act), on the basis that the Trade Mark was not capable of distinguishing the Applicant's goods from those of other traders. The Applicant has been trading in coffee under the VITTORIA brand since 1958. When applying to register a composite trade mark combining descriptive words and other elements, ensure that the other elements are distinctive enough to outweigh the descriptive significance of the words.Ĭantarella Bros Pty Ltd, trading as Vittoria Food & Beverage (the Applicant) is a major competitor in Australia's coffee market.Despite the State of Victoria not being known as a region for growing coffee beans, the Applicant was not able to overcome the Examiner's lack of distinctiveness objection to the trade mark.Cantarella Bros unsuccessfully applied to register the composite trade mark VICTORIA COFFEE in class 30, consisting of the stylised words VICTORIA COFFEE and a rectangular device element.Keep going all the way to the top of the street and you'll see Gran Caffé Vittoria at the top, shortly after the road flattens out. To reach the bar from the port area, walk up to the first roundabout and then turn left on to Via Roma. In all of these areas you can expect excellent service from waiters smartly dressed in their traditional white uniforms.Īlthough there are light meals and snacks available, Gran Caffè Vittoria is best known for its delicious desserts and coffee, making it one of the foremost stops for tourists, shoppers and locals. The largest area of the bar however is outside and to the right, in the piazza. On the opposite side of the road is another seating area, some of which is covered with the rest of the tables arranged along the busy street. Upon arrival at the bar it's impossible to miss the tantalizing display of freshly made pastries and desserts, further examples of which can be found inside. The main bar area has an antique tea room feel to it with darken wooden furniture such as the tables and chairs to its rear. Located at the top of the busy shopping street Corso Vittoria Colonna in Ischia Porto, it's made up of several dimensions. Gran Caffè Vittoria is one of the most popular bars on the whole island of Ischia.
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