An appeal against an administrative decision of the Registrar of Trade Marks to remove the Trade Mark registration of Dick Smith’s OzEmite has today been filed in the Federal Court of Australia.
The application for removal had been made by Roger Ramsey as the proprietor of the AussieMite Trade Mark.
The Appeal will be a rehearing of the removal application in which the Federal Court will consider extensive evidence in support of the continuing use of OzEmite.
The OzEmite Trade Mark will remain registered and the popular OzEmite product will remain on supermarket shelves until the Appeal has been determined.
Dick Smith said today:
“Since October 1999 I have been devoting considerable cost and effort to develop the OzEmite product. Approximately one year after I announced the name, 'OzEmite', Roger Ramsey changed the name of his product from Dinky Di-Nemite to AussieMite, in what I believe was an attempt to misappropriate the reputation in my product and confuse consumers. The Federal Court will be asked to prevent this from happening.”
Mark O’Brien of Johnson, Winter & Slattery, Lawyer for Dick Smith, said he expected the case to be heard later this year.
For further information contact Dick Smith on 02-9450 0600 or email [email protected]