Greater Dandenong Council’s attempt to trademark its Springvale Snowfest event has been refused by the Australian Trade Marks Office (ATMO).
The council sought to trademark the word ‘Snowfest’ in an attempt to “enhance the popular Springvale event’s online presence”, community services acting director Tilla Buden said.
“The annual winter festival is a hallmark event in council’s community calendar with people coming from across the state to experience the event’s atmosphere and unique family-friendly activations.”
The council first unsuccessfully applied to register the ‘Snowfest’ trademark in June 2020.
The ATMO deemed that the trade mark describing a “festival featuring snow” could not be distinguished from similar events by other traders.
“Other traders should be able to use ‘Snowfest’ in connection with goods or services similar to yours.”
In a recent decision, ATMO delegate Nicholas Barbey concurred with the rejection.
Much of the event’s branding appeared to be “Springvale Snowfest” not “Snowfest,” Mr Barbery noted.
The council had claimed that the ‘Snowfest’ name had been used to promote an event “very well known within the south east Melbourne suburbs and broader Victoria”.
Mr Barbery found the festival’s attendances had plateaued since 2016, and its advertising was “modest” and mainly locally-based.
The festival had been promoted on the council’s Facebook and Instagram accounts, not on a dedicated ‘Snowfest’ account.
“In any event, the number of followers of each account is by no means significant,” Mr Barbery stated.
Similarly, the council’s Snowfest videos on YouTube reached up to 283 views in 2018 and 229 views in 2019.
The council had not addressed its “intended future use” of the trademark, Mr Barbery stated.
The award-winning Springvale Snowfest has been held annually since July 2013, including snow brought in from Mt Buller, ice skating, live music, rides and fireworks.
Ms Buden said Greater Dandenong was seeking further legal advice on the “next steps in the trademark application process”.
