British American Tobacco Australia Services Ltd v NV Sumatra Tobacco Trading Company

This decision concerns a dispute between British American Tobacco Australia Services Ltd (the applicant) and NV Sumatra Tobacco Trading Company (the opponent) before a Hearing Officer of the relevant tribunal. The applicant sought to register two trade marks, and the opponent opposed these applications.

The Hearing Officer was required to determine whether the applicant's proposed trade marks were deceptively similar to the opponent's registered trade marks, as contemplated by section 44 of the relevant legislation. The Hearing Officer also considered, but ultimately dismissed, arguments relating to section 10 and section 43 of the legislation.

In reaching his decision, the Hearing Officer applied the principles of deceptive similarity, considering the trade marks as a whole. He concluded that a reasonably informed consumer would not be led to believe that the applicant's trade marks indicated a connection with the opponent's goods or services. However, the Hearing Officer found that the ground of opposition under section 44 was established.

Consequently, the Hearing Officer refused to register the applicant's trade marks and awarded costs to the opponent.