Clearview Towing Mirrors Pty Ltd v Shane Miles

This matter concerned an opposition by Clearview Towing Mirrors Pty Ltd (the Opponent) to a trade mark application by Shane Miles (the Applicant). The Opponent relied on section 44 of the *Trade Marks Act 1995* (Cth) (the Act), arguing that the Applicant's trade mark was substantially identical with or deceptively similar to the Opponent's registered trade mark, CLEARVIEW POWER SLIDE, for similar goods. The hearing officer was required to determine whether the Applicant's trade mark met this threshold of substantial identity or deceptive similarity.

To succeed under section 44 of the Act, the Opponent needed to demonstrate that the Applicant's trade mark was substantially identical or deceptively similar to a registered trade mark (or one pending registration) owned by another person, that this registered trade mark was for similar or closely related goods or services, and that the priority date of the registered trade mark was earlier than that of the Applicant's trade mark. The Opponent's registered trade mark, CLEARVIEW POWER SLIDE, was for goods in Class 12, and its priority date was earlier than the Applicant's trade mark application, which also covered goods in Class 12. Therefore, the sole remaining issue was the degree of similarity between the two trade marks.

The hearing officer found that the Opponent had not established any grounds for opposition. Consequently, the Applicant's trade mark application was permitted to proceed to registration one month from the date of the decision, unless an appeal was filed. In that event, registration would be stayed pending the outcome of the appeal. The Opponent was ordered to pay the Applicant's costs.