Seahorse trade mark under water: Federal Court rejects Guylian appeal
The challenge to register shape trade marks in Australia is not made easier by the “Guylian” case. Nearly 20 years of use, Guylian’s support of a marine protection project called “Project Seahorse” and survey evidence showing that 40.6% of respondents identified the seahorse shape with Guylian, was insufficient to confer trade mark protection. See the case here. The Guylian seahorse will be familiar to many.