Australian Olympic Committee Inc v Schwarzkopf & Henkel GmbH

The Australian Olympic Committee Inc. (the opponent) opposed the trade mark application by Schwarzkopf & Henkel GmbH (the applicant) before a delegate of the Registrar of Trade Marks. The dispute concerned the applicant's proposed use of a trade mark, which the opponent alleged would infringe its rights and contravene specific legislation.

The primary legal issues before the delegate were whether the applicant's trade mark was deceptively similar to any of the opponent's registered trade marks, and whether the use of the applicant's trade mark would be contrary to law, specifically a breach of section 36(1) of the Olympic Insignia Protection Act 1987. The opponent also sought to rely on evidence concerning the applicant's use of the trade mark, which the applicant objected to on grounds of relevance and timing.

The delegate considered the evidence presented, including declarations detailing the Olympic movement, the opponent's role, and marketing activities, as well as search results for similar trade marks and internet use. While acknowledging that rules of evidence were not strictly binding, the delegate limited the use of certain evidence due to its collection date and language barriers. Ultimately, the delegate found that the applicant's trade mark was not deceptively similar to any of the opponent's marks and that the opponent had not established that its use would be contrary to law.

Consequently, the delegate dismissed the opposition, allowing the trade mark application to proceed to registration, subject to any appeal. The delegate also ordered that the opponent pay the applicant's costs.