23 December, 2014
Spruson

Brenda Robinson v Nature’s Gift Australia Pty Ltd [2014] ATMO 96

Brenda Robinson v Nature’s Gift Australia Pty Ltd [2014] ATMO 96

Ms Robinson opposed the registration of the trade mark NATURE’S GIFT SNAP BAR applied for by Nature’s Gift Australia covering pet food.

Ms Robinson is the owner of several prior registrations that include the word ‘SNAP’ covering pet food. Ms Robinson also alleged a reputation in ‘SNAP’ marks for pet foods.

The Hearing Officer found that the applicant’s mark was likely to be confused with Ms Robinson’s earlier marks, taking into account the ‘notional use’ of the applicant’s mark. Also, it became apparent through the evidence filed that the applicant’s mark was being used in the below manner:

This emphasis on the element ‘SNAP’ increased the likely confusion. The application was refused.

To view the Office decision, click here.

This article is an extract from Spruson & Ferguson’s monthly summary of Australian Trade Mark Office decisions. You can view the entire month’s summary here.

brenda robinson

KHAJAQUE KORTIAN

Principal / Solicitor / Trade Mark Attorney
Litigation Team, Trade Marks Team
Sydney, Australia

DANIEL WILSON

Associate / Trade Mark Attorney
Trade Marks Team
Sydney, Australia

 

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