Amazon Technologies Inc v Pulbrook Family Consolidated Pte Ltd

Amazon Technologies Inc (the opponent) opposed the registration of the trade mark "AMAZON" in the name of Pulbrook Family Consolidated Pte Ltd (the applicant) under section 52 of the *Trade Marks Act 1995* (Cth). The application sought registration for goods and services in classes 3, 5, 10, 25, 29, 30, 32, 33, 35, 36, 37, 38, 39, 41, 42, 43, 44, and 45. The opposition was based on grounds including that the applicant's mark was substantially identical or deceptively similar to the opponent's registered trade marks, and that the applicant's mark was likely to deceive or cause confusion.

The primary legal issue before the delegate of the Registrar of Trade Marks was whether the applicant's proposed mark "AMAZON" was substantially identical or deceptively similar to any of the opponent's registered trade marks, and if so, whether the registration of the applicant's mark should be refused under section 52 of the *Trade Marks Act 1995* (Cth). Specifically, the delegate considered the application of section 44 of the Act, which deals with the grounds for opposition based on prior registered trade marks.

The delegate found that the applicant's mark was indeed substantially identical to several of the opponent's registered trade marks. The delegate reasoned that the visual, aural, and conceptual similarities between the marks were such that they would be perceived by the relevant public as the same or very similar. Consequently, the delegate concluded that the grounds for opposition under section 44 were established.

As a result of the established grounds for opposition, the delegate refused the registration of the applicant's trade mark application.