Click Therapeutics Inc

This matter concerned an application by Click Therapeutics, Inc. for registration of the trade mark CT (figurative) in classes 9, 10, and 42. The application was opposed by a third party. The delegate of the Registrar of Trade Marks had previously refused the application on the grounds of opposition. Click Therapeutics, Inc. sought review of this decision before the Federal Court of Australia.

The primary legal issue before the Court was whether the trade mark CT (figurative) was, in fact, deceptively similar to the opponent's registered trade marks. This involved an assessment of the visual and conceptual similarities between the marks, as well as the goods and services to which they applied. The Court was required to determine if there was a real chance that consumers would be confused as to the origin of the goods or services, believing them to be associated with the opponent.

In reaching its decision, the Court applied the principles of deceptive similarity as established in trade mark law. This involved a comparison of the marks as a whole, considering their aural, visual, and conceptual elements. The Court noted that the opponent's marks were registered for a range of pharmaceutical and medical goods and services. The Court found that the CT (figurative) mark, when considered in light of the goods and services for which it was sought, was not deceptively similar to the opponent's registered marks. The Court reasoned that the visual differences between the marks were significant enough to distinguish them in the minds of the relevant consumers, particularly given the specific nature of the goods and services involved.

The Court therefore set aside the delegate's decision and ordered that the trade mark application proceed to registration.