One of Australia’s most exclusive private schools has cited former student King Charles III in a failed bid to trademark the phrase “Timbertot” for its early learning centres, despite a childcare centre using a similar name.
Geelong grammar school lodged an application to trademark “Timbertot” across a range of education material for its early learning program at its Corio and Toorak campuses in Victoria.
That application was based on the school’s Timbertop program, in the state’s remote high country, which was attended by King Charles III in the 1960s, and the school had said it wanted to “develop a family of trade marks” related to that name.
The application cited King Charles’s attendance at Timbertop, as well as other “notable” alumni including Australian singer-songwriter Missy Higgins and writer John Marsden, who taught at the school in the 1980s.
It argued that Timbertot was “substantially” the same as “Timbertop”, for which it has held a registered trademark for since 2002 across a range of education services and material. This is despite a Brisbane-based childcare centre already being named “Timber Tots”.
In a decision handed down last month, the Australian Trade Marks Office (ATMO) restricted the school’s use of “Timbertots” where it is “deceptively similar” to other brands.
But it can be trademarked in areas, including laptop bags, swimwear and clothing.
According to the decision, the school argued “Timbertop” had been consistently used by the school since 1953 when the campus was established.
“It is envisaged that students commence at the School as a ‘Timbertot”, and then continue their Geelong Grammar School education to become a Timbertop student,” a school representative told the ATMO.
“The Applicant believes that the ‘significant and notable reputation in ‘Timbertop’ for over 70 years will extend to its use of ‘Timbertot’ as a family of related trade marks.”
But ATMO delegate Nicholas Barbey rejected the school’s argument that Timbertop and Timbertot were “substantially identical”.
“I acknowledge that ‘Timbertop’ and the Trade Mark are similar. However, the mere existence of a reputation in the former is not a circumstance which makes it proper to accept the Application,” Barbey said.
Barbey also rejected the school’s argument that it would face “particularl hardship and substantial inconvenience” if its trademark application was rejected.
“The prospect of some internal plans falling by the wayside and the Applicant having to adjust its branding direction are certainly inconvenient. However, based on the evidence, these risks do not constitute a substantial inconvenience given the Trade Mark is in its relative infancy,” he said.
The decision, delivered on 17 June, was first reported by the Herald Sun.
The Timbertop campus, located near Mount Timbertop, offers an outdoor and indoor education program which the school said presented “new challenges to young people”.
Geelong grammar school has been contacted for comment.
