Application by Ravida Properties Pty Ltd to register the trade mark RENAISSANCE LIVING in relation to retirement home services who opposed by Renaissance Hotel Holdings Inc.
In its evidence, the opponent put on examples of its use of the trade mark RENAISSANCE in relation to its International hotel chain, which was countered by the applicant’s evidence of its use of the trade mark RENAISSANCE LIVING since 2007.
The Hearing Officer’s view was that hotel services and retirement home services were not similar or closely related and the term ‘RENAISSANCE’ is not an invented word and does not carry the distinctiveness of an invented word. The section 44 ground failed.
On section 60, the Hearing Officer was not satisfied that there was a sufficient reputation in the opponent’s RENAISSANCE trade mark for section 60 to be relevant, but did note that even if there was sufficient reputation, use of the applicant’s mark would not be likely to lead to confusion.
The application is to proceed to registration.
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.
Principal / Solicitor / Trade Mark Attorney
Litigation Team, Trade Marks Team
Associate / Trade Mark Attorney
Trade Marks Team