Jasco Pty (New Zealand) Limited v Kittrich Corporation [2013] ATMO 99


The application for the mark “Con-tact” by Kittrich Corporation was successfully opposed by Jasco Pty (New Zealand) Limited on the ground in s 44 of the Trade Marks Act 1995 (Cth).

Although the mark was applied for in different classes, the delegate of the registrar decided that the mark “Con-tact” was substantially identical with, or deceptively similar to the mark, “Contact”, owned by Jasco. Both marks are used for adhesive and non-adhesive plastic protective sheets for a variety of goods.

The Delegate decided that both marks describe goods of the same description and that “[t]he only real difference between the goods is size and purpose”. The application was therefore rejected.

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