Conga Foods Pty Ltd

Conga Foods Pty Ltd (Conga) sought to prevent the registration of a trademark by The Australian Meat Group Pty Ltd (AMG). Conga argued that AMG's proposed trademark, which included the word "Conga" in a distinctive font and colour scheme, was deceptively similar to its own registered trademark, also featuring the word "Conga" in a similar font and colour scheme. The dispute concerned the potential for confusion among consumers regarding the origin of goods and services. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the proposed trademark of AMG was deceptively similar to Conga's registered trademark, pursuant to section 120(1) of the *Trade Marks Act 1995* (Cth). This required the Court to assess the degree of visual, aural, and conceptual resemblance between the two marks, and to consider the likelihood of consumers being deceived or confused as to the source of the goods or services offered under each mark.

Justice Wilson applied the principles established in cases such as *Shell Co of Australia Ltd v Rohm & Haas Co* and *Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd*. His Honour considered the marks as a whole, giving due weight to the dominant features. The Court found that while both marks contained the word "Conga," the overall visual impression, including the distinctive stylisation, colour, and accompanying graphical elements, created significant differences. Consequently, the Court concluded that there was no deceptive similarity and that consumers would not be likely to be confused as to the origin of the goods or services.

The Court ordered that Conga's application to oppose the registration of AMG's trademark be dismissed.