101Domain, Inc., opposed the Australian designation of BB Online UK’s trade mark.
The applicant operates a website www.101domains.com and the opponent operates a website www.101domain.com and utilises the trade mark 101Domain on its website.
The opponent was able to put on sufficient evidence of use of its trade mark since 1999 that the Hearing Officer found there to be sufficient reputation in the opponent’s trade mark to satisfy the first part of section 60. Given the degree of similarity between the respective trade marks, the Hearing Officer found that deception and confusion was likely to arise.
The opposition succeeded on section 60 and the designation is to be refused protection in Australia.
To view the Office decision, click here.
This article is an extract from Spruson & Ferguson’s monthly summary of Australian Trade Mark Office decisions.