All Market Singapore Pte Ltd v Olympian Securities Group Pty Ltd

This matter concerned an opposition by Olympian Securities Group Pty Ltd (the Opponent) to the registration of a trade mark by All Market Singapore Pte Ltd (the Applicant). The Opponent relied on its registered trade marks, specifically numbers 1630471, 1656024, 1695148, and 1716670, which were registered for non-alcoholic beverages in class 32 and alcoholic beverages in class 33. The Opponent contended that these registered marks were similar to the Applicant's proposed trade mark, which was for beverages.

The primary legal issues before the court were whether the Applicant's trade mark was substantially identical with, or deceptively similar to, any of the Opponent's registered trade marks. The court was required to apply the established tests for comparing trade marks, considering both substantial identity and deceptive similarity, taking into account the essential features of the marks and the overall impression they conveyed.

In determining substantial identity, the court applied the principle from *Shell Company of Australia Ltd v Esso Standard Oil (Australia) Ltd*, which requires a side-by-side comparison of the marks to assess similarities and differences. The court found that while the Applicant's trade mark contained the word "Coco," which also appeared in some of the Opponent's registrations, the additional elements in the Opponent's marks meant that a total impression of resemblance did not emerge. Consequently, the Applicant's trade mark was not considered substantially identical. For deceptive similarity, the court adopted the approach from *Shell*, focusing on the impression a person of ordinary intelligence and memory would retain of each mark, considering look, sound, and idea, and allowing for imperfect recollection. The court noted that the comparison for deceptive similarity is not a side-by-side one, but rather an assessment of the likelihood of deception or confusion.