Australia Update – There is a Difference Between 2 and 4 Brothers


Loco Liquor PLv 4 Brothers Brewing PL [2018] ATMO 119 (31 July 2018)

4 Brothers Brewing applied to register the trade mark in connection with beer and the brewing of beer.

The application was opposed by Loco Liquor on the basis of its prior registered trade marks for various 2 BROTHERS marks, including 2 BROTHERS, TWO BROTHERS and 2 BROTHERS BREWERY. Those marks covered the same and/or similar goods/services to the applicant’s goods and services.

The only issue for the hearing officer to consider was whether the 2 BROTHERS trade marks were too close to the 4 BROTHERS Logo mark.  On that, the hearing officer considered that the applicant’s 4 BROTHERS trade mark was ‘visually striking’ with ‘significant visual and aural differences’ from the 2 BROTHERS trade marks.  Overall, when the respective trade marks are considered as wholes, the hearing officer found it unlikely that Australian consumers would be confused between the respective marks.

In addition, there was evidence led by the applicant as to the state-of-play in connection with ‘BROTHERS’ formative trade marks being commonly registered in connection with the goods and services at issue.

The differences between the marks, the nature of the goods, and the apparent ability of consumers to differentiate between ‘BROTHERS’ marks led to the decision that the applicant’s 4 BROTHERS mark is able to coexist with the 2 BROTHERS marks.

To read the Office Decision, click here.

Please don’t hesitate to contact us shall you have any questions on the protection of your trade marks in Australia.

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