16 October, 2015
Spruson

Guccio Gucci SpA v Guess?, Inc [2015] ATMO 71 (11 August 2015)

Guccio Gucci SpA v Guess?, Inc [2015] ATMO 71 (11 August 2015)

Guess’ Australian designations (one covering Class 9 and the other Class 18) of its International Registration for GG Device (below) was opposed by Gucci.

Gucci 1









Gucci led evidence of its ‘high volume of sales together with substantial advertising expenditures and other promotions’ of its trade mark (below) from which the Hearing Officer was able to infer that Gucci held a reputation in Australia sufficient to trigger section 60.

Gucci 2

Gucci 3






The Hearing Officer noted that it was apparent that the respective trade marks share ‘very similar’ design features; reversed and inverted GG in similar geometric patterns. Given the degree of similarity, the Hearing Officer considered it likely that consumer depiction or confusion between the trade marks would be likely.

Accordingly, the opposition was successful under section 60 and the Australian designations were 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.


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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