This case concerned an opposition to an International Registration Designating Australia, in respect of the following mark:
Class: 12 Crankcases for land vehicle components, other than for engines; vehicle chassis; hydraulic circuits for vehicles; gearing for land vehicles; clutches for land vehicles; engines for land vehicles; motors for land vehicles; turbines for land vehicles; gear boxes for land vehicles; torque converters for land vehicles
One of the grounds pressed by the opponent was that the mark bore similarity to a mark that had already acquired reputation in Australia, namely its own mark:
This mark was not registered as at the application date. The opponent’s mark had been since 1998 used originally on diesel engines, but had since that time extended into other diesel engine related products. Advertising of the opponent’s marks included through websites of distributors, trade shows, brochures, posters and catalogues.
The Delegate found that the opponent had established a reputation in Australia before the priority date.
As to whether the existence of a likelihood that the applicant’s mark would lead to deception and confusion, the Delegate held that there was such a likelihood out of the similarity of the marks, the similarity of the goods and that the two entities would be trading in the same market.
The IRDA was therefore refused.
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