NATIONAL: Budget retailer Best & Less has thrown a spanner in the works of a worldwide trademark campaign by fast fashion giant Mango.
The retailer has filed a notice of opposition to the registration of ‘MNG by Mango’ in Australia. According to records at the Australian Trade Marks Office, Best & Less first gave notice of its opposition on August 10 and is currently in the process of assembling paperwork for its case against the international retailer.
While Mango currently has several trademarks registered under the MNG/Mango banner in Australia, it is understood the company is seeking an extension of its rights to include ‘MNG by Mango’, the same title it trades under in the United States.
The move could thwart a three-year campaign by the Barcelona-headquartered fast fashion chain, which filed a worldwide trademark application in January 2008 and nominated Australia as one of its categories.
Technical specification issues saw the application take two years to get through the Australian Trade Marks Office, with Best & Less’s opposition set to delay the process further still.
Best & Less marketing manager Christine Ryan declined to comment on the case or the company’s grounds for opposition. However, an overview of its brand portfolio reveals that in addition to popular brands such as Bonds, Rio, Antz Pantz and Slazenger, the retailer is the premium stockist for Australian casualwear brand Mango.
Mango is believed to contribute solid annual revenue to the South African-owned Best & Less, which currently operates 161 stores in Australia.
At a trademark hearing in 2002, wholesaler and then-Mango supplier Jason Gazal Trading (JGT) drew on sales figures to oppose the registration of Mango Tango in Australia. The company, which supplied a portion of clothing bearing the Mango mark to 120 Best & Less stores at the time, alleged it generated some $40 million of sales for JGT.
Documents from the hearing reveal the Mango mark was used on clothing, footwear and accessories across men’s, women’s, children’s and infants’ wear.
Leading intellectual property lawyer Trevor Choy said it was an unusual case, as Best & Less does not appear to own a mark under the name Mango or any other name that is deceptively similar.
“This is also a strange case because [Barcelona’s] Mango already have a few trademarks registered under MNG/Mango in Australia, so Best & Less are preventing an extension of their rights not challenging their primary right to sell women’s clothing and accessories.”
There are currently eight MNG branded sto-res trading in Australia, including a flagship site at The Galeries (Sydney), five CBD stores across Melbourne, one site in Perth and another in Circle on Cavill Mall, Gold Coast.
The stores are operated by Singapore-based RSH Limited, a pan-Asian marketer, distributor and retailer of international brand names including Westco and Novo in Australia.
Choy said a case of this nature could take some time to resolve, with both parties likely to wait up to a year for a decision to be handed down. Mango has over 1500 stores in 92 countries and trades under ‘MNG by Mango’ in the US and ‘MNG’ in Brazil due to trademark regulations.
Best & Less is operated by South African-based investment holding company Pepkor, which specialises in value clothing and has 2400 stores across several subsidiaries in nine countries.
Assia Benmedjdoub