Cabot Company Limited applied for extension of protection of International Registration Designating Australia in class 14 for watches of the below mark.
The extension of protection was opposed under sections 44 and 60 based on the opponent’s prior IWC trade marks.
Under section 44, the Hearing Officer’s view was that the difference between IWC and CWC was too great, keeping in mind the carefully selected and scrutinised nature of the goods, particularly noting that the differing first letters are a very significant difference.
The opponent was able to establish, through its high level of advertising and promotional activities, a reputation in Australia in relation to watches. However, having concluded that the respective trade marks were sufficiently different, there was deception or confusion likely to arise.
The opposition failed on both grounds.
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.
Litigation Team, Trade Marks Team
Trade Marks Team