Anastasia Beverly Hills, LLC v Pias Corporation

Anastasia Beverly Hills, LLC (the opponent) opposed the application by Pias Corporation (the applicant) to register the trade mark "ABH" in class 3 for cosmetics. The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth), alleging that the applicant's trade mark was substantially identical or deceptively similar to the opponent's registered trade marks, and that the applicant had not established grounds for registration.

The delegate was required to determine whether the applicant's trade mark "ABH" was substantially identical or deceptively similar to the opponent's registered trade marks, specifically those incorporating the letters "ABH" and the full name "Anastasia Beverly Hills". The delegate also considered whether the applicant had established any grounds for registration under the relevant provisions of the *Trade Marks Act 1995* (Cth) and *Trade Mark Regulations 1995* (Cth), including sections 42(b), 44, 58, 60, and 62A.

The delegate found that the applicant's trade mark was not substantially identical to the opponent's registered marks. However, the delegate determined that there was a degree of similarity and that the grounds under section 44 and regulation 4.15A were partially established, meaning the applicant's mark was likely to cause confusion with the opponent's earlier rights. Despite being afforded an opportunity to amend its application to overcome these objections, the applicant failed to do so.

Consequently, the delegate refused to register the applicant's trade mark "ABH" in class 3.