Amezdroz & Son Pty Limited v John Edwy Wettenhall

Amezdroz & Son Pty Limited (the applicant) sought to register a trade mark, and John Edwy Wettenhall (the opponent) opposed this application. The dispute concerned whether the applicant's proposed trade mark was deceptively similar to an existing trade mark owned by the opponent, and whether the opponent's trade mark had acquired sufficient reputation to warrant opposition under section 60 of the relevant legislation. The matter was before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant's trade mark was substantially identical or deceptively similar to the opponent's registered trade mark. Furthermore, the Tribunal had to assess whether the opponent's trade mark had acquired a reputation in the marketplace such that the use of the applicant's mark would be likely to deceive or cause confusion among consumers.

The Tribunal applied the principles established in trade mark law regarding deceptive similarity and the acquisition of reputation. The onus rested on the opponent to demonstrate that the marks were substantially identical or deceptively similar and that the opponent's mark possessed a sufficient reputation. The Tribunal considered the visual, aural, and conceptual similarities between the two marks, as well as the nature of the goods or services in relation to which the marks were used. The Tribunal also had regard to the extent of use and advertising of the opponent's mark to establish its reputation.