SMA Solar opposed the registration of the SUNNY SIGNS Logo (shown below) based on its prior ‘SUNNY’ trade mark registrations.
On the issue of deceptive similarity, the Hearing Officer took the view that the dominant feature of the above trade mark is the sun device rather than the word ‘SUNNY’. Furthermore, the Hearing Officer noted that despite there being an overlap of the goods covered by the respective trade marks, the applicant and opponent operate in separate commercial fields and the respective goods offered by each party are relatively expensive items.
Based on these factors, the Hearing Officer concluded that there was not likely to be any deception or confusion to arise from the SUNNY SIGNS Logo.
On section 60, the opponent established that it holds a strong reputation in relation to solar products in the trade mark SUNNY in Australia. However, the Hearing Officer again noted his view that there was not likely to be any deception or confusion and concluded that the section 60 ground also failed.
The application is to proceed to acceptance.
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