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.