Calpis Co., Ltd v ALDI Foods Pty Ltd

Calpis Co., Ltd. opposed ALDI Foods Pty Ltd's application to register the trade mark "CALPICO" for milk-based beverages. The opposition was based on the grounds of alleged similarity to Calpis's registered trade marks "CALPIS" and "CALPICO" and the potential for deception or confusion among consumers. The matter came before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant's proposed trade mark "CALPICO" was deceptively similar to the opponent's registered trade marks "CALPIS" and "CALPICO" for the purposes of the *Trade Marks Act 1995* (Cth). This involved assessing the visual, aural, and conceptual similarities between the marks, as well as considering the nature of the goods in question and the likely perception of the relevant class of consumers.

The Tribunal considered the evidence presented by both parties, including the origin and meaning of the respective trade marks. The opponent explained that "CALPIS" was derived from "calcium" and a Sanskrit word relating to flavour, and that "CALPICO" was also used for milk-based beverages. The applicant stated that "CALPICO" was chosen for its allusion to calcium and nutritional benefits, fitting with other proposed brand names. The Tribunal noted that while the opponent's marks had been registered in Australia since the late 1960s and early 1970s, their use in Australia only commenced around 2002. The Tribunal found that the marks CALPIS and CALPICO were visually and aurally similar, and that the conceptual similarities were also significant, particularly given the shared origin and intended use for similar products.

The Tribunal concluded that there was a real likelihood of deception or confusion among consumers. Accordingly, the application for registration of the trade mark "CALPICO" by ALDI Foods Pty Ltd was refused.