Bonza Aviation Pty Ltd

Bonza Aviation Pty Ltd sought to register the trade mark "BONZA" across several classes of goods and services. The application was opposed by Qantas Airways Limited, which argued that the proposed mark was deceptively similar to its own registered trade mark "QANTAS" and that the use of "BONZA" would be likely to deceive or cause confusion. The matter came before Katrina Brown, acting as delegate for the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the trade mark "BONZA" was deceptively similar to the registered trade mark "QANTAS" within the meaning of section 60 of the *Trade Marks Act 1995* (Cth). This required an assessment of the visual, aural, and conceptual similarities between the two marks, as well as consideration of the respective goods and services for which registration was sought and the likely perception of the relevant public.

In her reasoning, the delegate applied the established principles for assessing deceptive similarity, including the "imperfect recollection" test and the consideration of the "dominant features" of each mark. She found that while both marks were short and contained a vowel, they differed significantly in their initial letters, overall sound, and visual appearance. Furthermore, the delegate considered the distinctiveness of the respective marks and the nature of the goods and services. The delegate concluded that the marks were not deceptively similar and that the use of "BONZA" was unlikely to deceive or cause confusion among consumers.

Accordingly, the delegate dismissed the opposition and allowed the registration of the trade mark "BONZA" for Bonza Aviation Pty Ltd.