The Californian based company Apple has taken action in the Australian federal Court to challenge a decision by Australia’s trade marks regulator over intellectual property rights to the trade mark “MacPro”.
The NSW (New South Wales) federal Court today heard that Apple would challenge a decision by the Australian Trademarks Office that could leave a small Melbourne-based IT consultancy in a position to register the name.
The company, MacPro Computers (Aust.) Pty Ltd challenged Apple’s right to register the name after it lodged an application to register the term as a trade mark over two years ago.
Documents on IP Australia’s web site indicate that Apple lodged an application to register the term as a trade mark in New Zealand in November 2005 before moving its claim to Australia in May 2006.
MacPro Computers Pty Ltd, who have apparently been operating since 1983, opposed the registration.
The Australian IPO’s reasons for rejecting Apple’s application were not published. The matter was decided without a hearing and the findings of its deliberations were for the parties to the proceedings only.