Federal Court Upholds “Brown Nose Day” Trade Mark in Dispute with Red Nose Charity

The Federal Court has ruled in favour of the National Cancer Foundation (NCF) in a trade mark dispute with the Registrar of Trade Marks, following objections raised by Red Nose Limited (RNL) — the well-known charity behind “Red Nose Day.”

• In 2020, the National Cancer Foundation registered the trade mark “BROWN NOSE DAY” as part of a campaign to raise awareness for bowel cancer.

• Red Nose Limited, which owns trade marks like “RED NOSE DAY” and other coloured “NOSE DAY” names (e.g. “WHITE NOSE DAY,” “GREEN NOSE DAY”), argued that “BROWN NOSE DAY” was too similar and could confuse the public.

• Acting on RNL’s concerns, the Registrar of Trade Marks revoked the NCF’s trade mark — saying it should not have been registered in the first place.

• NCF appealed this decision to the Federal Court, arguing that their mark was clearly different and shouldn’t have been revoked.

The Court agreed with the National Cancer Foundation, finding that:

• “BROWN NOSE DAY” was not deceptively similar to any of RNL’s registered marks.
• The words “BROWN NOSE” — especially given its slang meaning of a sycophant — clearly distinguishes the mark from “RED NOSE DAY” and other similar names.

• There was no error in the original approval of the trade mark, and it was unreasonable for the Registrar to revoke it after the fact.

Why This Matters for Businesses:

• Registering a trade mark gives you legal rights, and those rights shouldn't be taken away just because another party later disagrees.

• The overall impression and meaning of a brand name — including colour, wording, and context — are all relevant in deciding if two marks are too similar.

• Most importantly, the Court confirmed that a difference of opinion within the Trade Marks Office — even between examiners — is not enough to justify revoking a registered trade mark.This principle arguably also applies when it comes to the withdrawal of an accepted application before registration.

Need help protecting your brand? IP Solved works with businesses, charities, and brand owners to secure, manage, and defend their trade marks. Whether you’re applying, expanding, or responding to a challenge, we’re here to help.

Talk to IP Solved today to make sure your trade mark strategy is strong and secure.