Arche SAS v Daniel Bartholomew Jones

Arche SAS (the Opponent) opposed the registration of a trade mark by Daniel Bartholomew Jones (the Applicant) in Class 25 for footwear. The Opponent relied on its registered trade mark, ARCHE, also in Class 25 for footwear. The dispute concerned whether the Applicant's proposed trade mark should be registered, given the Opponent's existing registration.

The court was required to determine two primary issues: firstly, whether the Applicant's goods were similar to the Opponent's registered goods, and secondly, whether the Applicant's trade mark was substantially identical with, or deceptively similar to, the Opponent's registered trade mark. The relevant date for establishing grounds of opposition was the date of filing the application for registration.

The court considered evidence of the Opponent's sales of footwear in Australia and worldwide, and expert opinion on the pronunciation of the trade marks. The Applicant had not pleaded or provided evidence of prior or concurrent use of its trade mark. The court noted that the Opponent's registration date preceded the Applicant's. The central question was therefore one of similarity of goods and deceptive similarity of the trade marks, as defined by the relevant sections of the Act.