Woolworths planning new ‘Woolworths Local’ retail brand

woolworths localAustralian supermarket giant Woolworths has registered a domain and lodged a trade mark for the logo of ‘Woolworths Local’ (pictured).

The domain – at woolworthslocal.com.au – is currently offline, but is registered to ‘Woolworths Limited’. No date of registration is provided.

The Australian trade mark application was filed yesterday, 11 September, by Woolworths Limited and a legal representative, Spruson & Ferguson.

It is for a logo and the term ‘W LOCAL’, and covers two retail and packaging classes, specifically:

Class 16: Paper, cardboard and goods made from these materials, not included in other classes; printed matter including magazines and other publications including information bulletins; paper and plastic bags

Class 35: Retailing and wholesaling services, including such services provided by supermarkets, grocery, liquor, variety, convenience and discount stores; retailing and wholesaling of products including household products, electrical products, fresh food, tinned and frozen products, snack food, paper hand products, household cleaning products, clothing products, fuel and lubrication products, bakery products, grocery and supermarket products including online wholesaling and retailing of the aforesaid products; advertising, promotional and marketing services including such services provided by supermarkets, grocery, liquor, variety, convenience and discount stores; online retailing, wholesaling, advertising, promotional and marketing; consumer market information services including on-line information services such as product reviews and product information and bulletins

A Google Image reverse search for the ‘W LOCAL’ logo brings up zero results, suggesting this is the first time the logo has appeared online. A Google search for ‘Woolworths Local‘ does not appear to bring up any directly relevant results.

The trade mark could be related to a January press release about a new strategy to provide more local food sourcing. However, the trade mark does not cover any individual foods – just the retail of food items, as well as other non-food products.

Another possible use for ‘Woolworths Local’ is to rebrand the current Woolworths Petrol stores, or even open smaller High Street outlets similar to the 500+ Sainsbury’s Local stores in the UK.

Two weeks ago, Woolworths’ chief executive Grant O’Brien promised “growth” for the company, and a new retail brand or rebrand/expansion of its petrol stores would certainly tick that box.

The trade mark application is at the status of ‘Indexing Approved’, meaning it has not been seen by an IP examiner yet.

Click to view a screenshot of Woolworths’ ‘W LOCAL’ trade mark application.


WLOCALWoolworths Limited lodged another trade mark a few hours after the original ‘W LOCAL’ application, this time for a horizontal version of the logo (pictured).

The trade mark application covers the exact same classes as discussed above.

Click to view a screenshot of the second Woolworth’s ‘W LOCAL’ trade mark application.



Coles lodges for ‘Tag’

coles1Supermarket giant Coles has lodged two local trade marks for what appears to be a new electronic money transfer service, called ‘Coles Pay Tag’.

Both trade mark applications were lodged on 21 August; one for the term ‘Coles Pay Tag’ and the second for the shorter term, ‘Coles Tag’.

The identical classes covered by both applications are of various retail and financial services, specifically:

Class 9: Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; active electronic labels containing coded information; apparatus for electronic digital processing; storage materials for data in electronic form; terminals for the electronic transfer of funds; touch sensitive electronic screens

Class 36: Financial service; monetary affairs; credit card services; issuing of credit cards; electronic funds transfer

A Google search for ‘Coles Pay Tag‘ brings up zero results.

A search for ‘Coles Tag‘ brings up a 2004 article from The Australian newspaper about a technology being trialed by Coles/Myer dubbed ‘Coles Tag’, described as “radio-frequency identification tags” between distribution centres.

However, this appears to be unrelated because the classes covered by the two new trade marks list ‘electronic funds transfer’ and ‘credit card services’, suggesting a more consumer-facing service.

Both trade mark applications remain at the early status of ‘Indexing Approved’, meaning they have not been seen by an IP examiner.

Click to view a screenshot of the Coles trade mark applications for ‘Coles Pay Tag‘ and ‘Coles Tag‘.

Coles boasts it can offer “1 recipe, 3 different meals”

Coles_cmykAustralian supermarket chain Coles has lodged two trade marks in recent weeks, one for the phrase “1 recipe. 3 different meals” and another for “Feed your little family”.

The trademark application for “Feed your little family”  was lodged on 7 August and the “1 recipe. 3 different meals” trademark was lodged a week later, on August 13.

Both cover exactly the same media and retail classes, specifically:

Class 16: Printed publications; magazine; recipe books; bookbinding material; paper, cardboard and good made from these materials; bags of plastics or paper for packaging; packaging material of plastic or paper

Class 35: Wholesaling and retail services including wholesale and retail sale of food and groceries; retail services via groceries store, department store, discount store, specialty store, supermarkets, convenience stores; direct mail and on-line retailing services; advertising and promotion services; advertising and promotion provided by supermarkets and grocery stores including on-line promotions; advertising, sales promotion, and retail marketing services relating to food, condiments, sauces, spices, flavourings, seasonings and other food ingredients including provision of recipes, and dissemination of information relating to food, food preparation and food ingredients including condiments, sauces, spices, flavourings and seasonings

A Google search for both phrases brings up zero results related to Coles at the time of publication.

Both applications are at the status of ‘Indexing Approved’, meaning they have not been seen by an examiner yet.

Click to view a screenshot of Coles’ trade mark applications for “1 recipe. 3 different meals” and “Feed your little family“.

Jimmy Barnes lodges for (real, alcoholic) Cheap Wine


Cold Chisel lead singer Jimmy Barnes has lodged a trade mark application for the term ‘Cheap Wine’, covering alcoholic and non-alcohlic beverages.

‘Cheap Wine’ is the name of a well-known Cold Chisel track, released in 1980, but the trade mark does not cover any music-related classes.

In fact, the application – TM number 1566000 – covers only two classes:

Class 32: Alcohol free beverages

Class 33: Alcoholic beverages (except beer)

The trade mark application was lodged on July 2 by Freight Train Music Pty Ltd, the same company that runs JimmyBarnes.com and the employer of Barnes’ personal assistant (according to her LinkedIn profile).

It is worth noting, however, that it may not be able to achieve registration because the trade mark is very non-distinctive, according to section 41 of the Trade Marks Act.

The application is at the early status of ‘Indexing Approved’.

Click to view a screenshot of Freight Train Music’s ‘Cheap Wine’ trade mark application.

South Australian wine company lodges for ‘Mad Men’

mad-men_-s04e02-720p-hdtv_-x264-immerseIngleburne Wine Company has this week lodged an Australian trade mark application for the term ‘Mad Men’.

Based in the McLaren Vale in South Australia, Ingleburne Wine Company is best known for its Penny’s Hill winery, which has apparently “established a fine reputation”.

The trade mark application – TM number 1565845 – was lodged on June 1, and is lodged under class 33 covering not just “Wine” but also “Spirits (beverages)” and “Liqueurs”.

The popular Mad Men TV show, currently airing on the AMC network in the US and on SBS and Showcase in Australia, is well-known for characters constantly drinking various alcoholic beverages.

Main character Don Draper is most often seen drinking Canadian Club whisky and old-fashioned cocktails. However, a study of all the drinks featured on the show reveals 340 wines consumed versus 398 whisky drinks, 382 cocktails and just 57 beers.

Therefore a spirit or wine featuring Mad Men branding makes sense compared to the recent launches of beers featuring Game Of Thrones, Breaking Bad and The Simpsons branding.

™Watch has contacted Ingleburne Wine Company and is awaiting a response.

The trade mark application is at the early status of ‘Filed – Approved’.

Take a look at a screenshot of Ingleburne’s ‘Mad Men’ trade mark application.

¡Ay, caramba! Twentieth Century Fox applies for alcoholic Duff Beer

duff1After decades of filing countless lawsuits against unofficial varieties of ‘Duff Beer’, Twentieth Century Fox has finally decided to lodge an Australian trade mark for the fictional beer brand which covers real alcoholic beer.

Made famous as the popular beer consumed on TV show The Simpsons, studio Twentieth Century Fox has always backed away from lodging a trade mark for the brand covering alcoholic beverages. It has also historically reacted fast to any brewery company attempting to produce a real Duff Beer. This steadfast stand seems to be spurred by The Simpsons creator Matt Groening, who has been against producing an alcoholic Duff Beer “because it would encourage kids to drink”.

However, just this month that attitude may have changed, with a new Simpsons theme park in the US starting to serve a real alcoholic Duff Beer. The lodgement of an Australian trade mark could suggest this officially endorsed alcoholic Duff Beer could make its way Down Under some time in the future.

Twentieth Century Fox already holds Australian trade marks for the Duff Beer logo from 1999, covering various souvenir items, such as posters, calendars and drinking glasses. It also held a lapsed Australian trade mark for the Duff Beer logo lodged in the same year, covering non-alcoholic soft drinks.

The new trade mark application for the term ‘Duff Beer’ – TM number 1562201 – was lodged this week, on 12 June, and specifically covers:

Class: 32 Beers and ales; non-alcoholic beers; lagers; stouts and porters

Twentieth Century Fox could be looking to further its protection of the trade mark, rather than produce an alcoholic Duff Beer in Australia.

Just last year, a West Australian liquor wholesaler found itself in legal trouble with Twentieth Century Fox after selling the German imported ‘Legendary Duff Beer’. The studio also fought off Australian beverage and food company Lion Nathan in 1996, when it produced a beer called ‘Duff’ and also lodged (and ultimately withdrew) a trade mark for ‘Duff Beer’ covering alcoholic goods.

There has been many more international attempts to brew a real Duff Beer, most of which are promptly shot down by legal action from Fox.

For example, the German firm ‘Duff Beer UG’ has fought numerous battles to continue selling the previously mentioned ‘Legendary Duff Beer’ across Europe. For instance, it lodged for a European-wide trade mark for ‘Duff Beer’, which was successfully opposed by Twentieth Century Fox. Duff Beer UG is appealing to the European Court Of Justice to get that opposition overturned. Duff Beer UG and a rival German brewery have also spent numerous years in a legal spat to be the sole owner of the Duff trade mark in Germany.

Only three months ago, Chilean police seized 60,000 Duff-branded beer bottles following an intellectual property complaint from, you guessed it, Twentieth Century Fox.

All these legal crackdowns have made unofficial Duff Beer a collector’s item, especially in Australia. For instance, an empty carton for the 1996 Nathan Lion ‘Duff’ beer is currently on eBay Australia for $89, and an empty six-pack of ‘Legendary Duff Beer’ is on eBay Australia for $40.

The new Australian trade mark application was lodged by Twentieth Century Fox Film Corporation and an Australian legal representative, Baker & McKenzie.

Click to view a screenshot of the new alcoholic Duff Beer trade mark application. Also take a look at the lapsed non-alcoholic and the still active souvenir Duff Beer trade mark applications from 1999.

UPDATED: UK supermarket Waitrose enters Australian trade mark register

waitroseHigh-end UK supermarket brand Waitrose has had its Australian trade mark application accepted, and officially entered the trade mark register last week.

The supermarket company, which operates nearly 300 stores in the UK and also owns department store John Lewis, stated in 2011 it planned to enter the Australian market through franchising partnerships. The successful trade mark application could mean that goes ahead sooner rather than later.

The trade mark application – TM number 1511394 – was lodged in July 2012, accepted in January this year and entered the trade mark register on 2 May.

It covers a variety of goods and services Classes, including Class 35 ‘supermarket and internet retail services’, Class 31 ‘agricultural, horticultural and forestry products’ and Class 5 ‘Pharmaceutical and veterinary preparations’.

If Waitrose enters the Australian market, it could spark a rivalry with other high-end Australian supermarkets, including Woolworths-owned Thomas Dux.

UPDATE: A Waitrose spokesperson contacted ™Watch, and said “we see the Australian market as a growth opportunity for the Waitrose brand”, but added “we have no plans to announce [an Australian launch] at this time”.

“Last Christmas we sold a number of products from our Heston from Waitrose range in Australia in the supermarket Coles, including our sell-out Heston from Waitrose Hidden Orange Christmas Pudding,” the spokesperson said. “Products from our Duchy Originals From Waitrose range have also been available in specialist food shops in Australia for a number of years and have also proved popular with shoppers.”

Click to view a screenshot of the Waitrose trade mark application.