Trademark case: A.D. Padmasingh Isaac trading as Aachi Spices and Foods v Ragopika Pty Ltd

• Published date: 16 August 2021
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Spruson & Ferguson
• Author: Ms Eunice Tai and Daniel Wilson

On 22 February 2018, Ragopikia Pty Ltd (the Applicant) applied to register the trade mark AACHI INDIAN CUISINE for "restaurant services" and "fast food outlet" in class 43. The trade mark application was accepted but subsequently opposed by A.D. Padmasingh Isaac (the Opponent).

The Opponent led five different grounds of opposition, but only the section 60 ground (relating to a prior trade mark with reputation) was considered.

Background

The Opponent was founded by Mr A.D. Padmasingh Isaac (the Aachi Business) in India in 1995. The Aachi Business manufactures spices in India and is headquartered in Chennai, Tamil Nadu in South India. The Aachi Business has business operations globally in the area of food related goods and restaurant services.

The Opponent is the owner of Australian Trade Mark Registration No. 1219486 for the plain word AACHI registered in respect of food related goods in classes 29 and 30. The Opponent is also the owner of a pending trade mark application for the plain...