Catholic Metropolitan Cemeteries Trust v Bendigo Cemeteries Trust

In the matter of *Catholic Metropolitan Cemeteries Trust v Bendigo Cemeteries Trust*, the Catholic Metropolitan Cemeteries Trust (the applicant) sought to register the trade mark "FUNERAL ALLIANCE SOLUTIONS". The Bendigo Cemeteries Trust (the opponent) opposed this registration. The applicant operates cemeteries in metropolitan Sydney and offers a range of memorialisation, burial, and cremation services. In addition to these core services, the applicant also provides guidance on funeral organisation, information on funeral services, an online portal and telephone advice, referrals to funeral directors, legal and financial services, and grief support services under its "FUNERAL ALLIANCE SOLUTIONS" trade mark. This alliance model, established around 2011, involves reciprocal arrangements with various service providers, including funeral directors, financial services providers, and lawyers, who promote and sell the applicant's services in return for a commission. The applicant's sales revenue experienced a significant 75% growth between 2011 and 2015, which the applicant attributes to its expansion and the alliance.

The primary legal issue before the court was whether the applicant's proposed trade mark "FUNERAL ALLIANCE SOLUTIONS" was deceptively similar to any existing trade marks owned by the opponent, or whether it was otherwise disentitled to registration. The opponent contended that the applicant's use of the word "ALLIANCE" in its trade mark and business name was likely to cause confusion among consumers, particularly given the opponent's own use of the term "ALLIANCE" in its business dealings and marketing materials, as evidenced by a PowerPoint presentation used by the applicant's manager when discussing potential expansion of the alliance model.

The court considered the evidence presented, including statutory declarations and exhibits, which detailed the applicant's business operations and marketing strategies. The opponent's opposition was based on the potential for confusion arising from the use of the word "ALLIANCE" by both entities in the funeral services sector. The court was required to assess the degree of similarity between the trade marks and the likelihood of deception or confusion in the marketplace.