Consorzio Tutela Vini Emilia v Vinedos Emiliana S.A

Consorzio Tutela Vini Emilia (the applicant) sought to register a trade mark consisting of the word "EMILIA" for use in relation to wine. Vinedos Emiliana S.A. (the opponent) opposed this application, arguing that the proposed mark was deceptively similar to its own registered trade mark "EMILIANA" for use in relation to wine. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the applicant's proposed trade mark "EMILIA" was deceptively similar to the opponent's registered trade mark "EMILIANA" for the purposes of section 60 of the *Trade Marks Act 1995* (Cth). This involved an assessment of whether consumers would be likely to be deceived or confused into believing that the goods offered under the applicant's mark originated from the same source as, or were connected with, the goods offered under the opponent's mark.

In determining deceptive similarity, the Court applied the established principles of trade mark law, including the "imperfect recollection" test and the consideration of visual, aural, and conceptual similarities. The Court noted that while the marks were not identical, the common element "EMILIA" was prominent in both. Considering the nature of the goods (wine) and the likely target audience, the Court found that there was a real chance of confusion among consumers. The addition of the letter "NA" to the opponent's mark was not sufficient to distinguish it from the applicant's proposed mark in the minds of the relevant public.

The Court upheld the opposition, finding that the applicant's proposed trade mark was deceptively similar to the opponent's registered trade mark. Consequently, the application for registration of the trade mark "EMILIA" was dismissed.