Hyper Ideas applied for registration of the trade mark J’ADORE RAW in relation to supplements and foods in Classes 5, 29, 30 and 31. The application was opposed by Dior on the basis of its prior reputation in the trade mark J’ADORE , arising from its use in relation to perfume and cosmetic goods.
The Hearing Officer was satisfied that Dior had the required reputation in its J’ADORE trade mark to trigger section 60. The question then turned on the likely deception or confusion that may arise.
Dior led survey evidence taken from a Melbourne shopping mall where 34 persons (out of the 254 surveyed) would be confused by the J’ADORE RAW as a result of the prior reputation of the J’ADORE trade mark. The Hearing Officer considered that the survey supported some reputation for Dior in J’ADORE, but it was not sufficient to determine likely confusion.
In finding that there would be no likely consumer deception or confusion, the Hearing Officer noted that brand extension from perfume into food would not be an expected outcome and that, in any event, the more likely brand extension to be expected by a consumer would be of the DIOR trade mark and not the J’ADORE trade mark.
Accordingly, the Hearing Officer did not find that consumer deception or confusion was likely and the opposition, therefore, failed on its section 60 and 42(b) 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