Assa ABLOY AB v Tenyale Industry & Trade Group Co., Ltd

Assa ABLOY AB (the applicant) sought to register a trade mark consisting of the word "ASSABOND" in relation to goods and services in classes 6, 9, 17, 20, 25, 35, 37, 42 and 45. Tenyale Industry & Trade Group Co., Ltd (the opponent) opposed the registration on the grounds of opposition under sections 57, 58, 59, 60 and 62A of the *Trade Marks Act 1995* (Cth). The opposition was based on the opponent's prior use and registration of the trade mark "ASSABOND" in relation to goods in class 6. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the applicant's proposed trade mark "ASSABOND" was substantially identical with or deceptively similar to the opponent's registered trade mark "ASSABOND" for the purposes of section 60 of the *Trade Marks Act 1995* (Cth). A secondary issue arose concerning the applicant's claim that the opponent had abandoned its trade mark under section 94 of the Act.

Justice McDonagh found that the trade marks were identical. He reasoned that the visual, aural, and conceptual similarities between the marks were so pronounced that they were substantially identical. In relation to the abandonment claim, the Court found that the opponent had not abandoned its trade mark, as there was evidence of continuous use and intention to use the mark. The Court applied the principles of deceptive similarity as established in case law, focusing on the overall impression of the marks and the likelihood of confusion among consumers.

The Court dismissed the applicant's application for registration and upheld the opponent's opposition.