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Miklos Bolza

Seven's appeal puts 7-Eleven delivery service at risk

7-Eleven's delivery service plans are being challenged in a trade mark dispute with Seven Network. (Julian Smith/AAP PHOTOS)

Plans for 7-Eleven to introduce its own delivery service into Australia are again under threat with Seven Network seeking to overturn a win the convenience store chain has had in court.

Earlier this month, the Federal Court stripped Seven of the 7NOW trade mark which the broadcaster had held onto since August 2013.

A four-year tussle over the brand has taken place with 7-Eleven Inc aiming to locally bring in its own food and alcohol delivery and pick-up service in line with what it offers outside Australia. 

Last week, Seven filed an appeal of the earlier court judgment which upheld the deregistration of its 7NOW mark.

In June 2019, 7-Eleven first applied to the Registrar of Trade Marks to strip Seven Network of the 7NOW brand, arguing the firm had not used it for years.

After the delegate agreed and deregistered the mark, Seven launched its failed bid in the Federal Court to overturn this decision.

Justice Tom Thawley found the network had not actually used the 7NOW mark for years, and that it could not hold onto it.

The case will now go before a panel of three judges in the Full Federal Court at a hearing to be scheduled at a later date.

Seven has also indicated it will oppose 7-Eleven's registration of the 7NOW mark in Australia, meaning another legal spat between the two firms is on the horizon.

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