03 March, 2014
Spruson

Storage King Pty Ltd and Storage King Services Pty Ltd v King Arthurs Storage [2014] ATMO 21

Storage King Pty Ltd and Storage King Services Pty Ltd v King Arthurs Storage [2014] ATMO 21

Applications for KING ARTHURS and KING ARTHURS STORAGE (logo) filed in the name of King Arthurs Storage Pty Ltd and opposed by Storage King Pty Ltd and Storage King Services Pty Ltd.

The opponent put on evidence of its use and reputation in relation to its STORAGE KING trade marks (one a device, the other the plain words).  The applicant conceded that the opponent had acquired a significant reputation for the purposes of s 60 and that the services provided by the applicant and the opponent are similar.

The only question left to decide was whether the trade marks STORAGE KING and KING ARTHURS were so similar that use of KING ARTHURS would be likely to lead to confusion with the prior reputation held in STORAGE KING.

In addition to actual examples of confusion (albeit after the priority date), the opponent also provided examples of the applicant’s trade marks in use which demonstrated that the word ‘king’ (common to all the trade marks under consideration), stands out and is a significant and memorable element of all of the marks concerned.

Accordingly, the Hearing Officer was satisfied that thedifferences between the trade markswasinsufficient to avoid the likelihood of deception or confusion that would be likely to arise from the reputation that the Opponent has in its prior marks.  The applications were refused.

To view the Office decision, click here.


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