Using the colloquial name ‘Diggers” to describe anything Diggers Rest may soon be a breach of trademark.
A recent trademark application has not been accepted on the basis that it resembles the already registered trademark “Diggers Market”, because both marks contain the word “Diggers” and this may result in confusion among consumers, according to IP Australia.
The trademark “Diggers Market” and the business name “Diggers Rest Market” have been registered for community purpose and form part of a social enterprise model for the Community of Diggers Rest.
Lawyers and Consultants for the applicant have indicated that they will legally challenge the use of the trademark “Diggers Market”, claiming that their client is well known by the associated trademark “Diggers”.
If successful, the application will potentially monopolise the use of the word “Diggers” exclusively within 14 different business categories throughout Australia.
The dictionary word ‘DIGGERS’ is widely used throughout Australia in connection with a diverse mix of applications, including its historical use pertaining to WW1, WW2 and ANZAC veteran soldiers.
Regional cities within Victoria, like Ballarat and Bendigo can demonstrate the usage of the word ‘DIGGERS’ in association with the Victorian Gold Rush days.
The Diggers Rest garden group which is currently known as “Green Diggers” may no longer be able to use that name.
Some clarification has been requested from IP Australia pending an outcome.