Euro Technik Pty Ltd v Eurotech Autohaus Pty Ltd

Euro Technik Pty Ltd ("Opponent") opposed the registration of the trade mark application number 2090626, known as "EUROTECH AUTO HAUS" (figurative), by Eurotech Autohaus Pty Ltd ("Applicant"). The opposition was brought under section 52 of the Trade Marks Act 1995 (Cth) before a delegate of the Registrar of Trade Marks. The Opponent alleged that the Applicant's trade mark should not proceed to registration on grounds including sections 44, 42(b), 60, and 62A of the Act.

The primary legal issues before the delegate were whether the Applicant's trade mark was substantially identical or deceptively similar to any of the Opponent's registered trade marks for similar services, as required by section 44. The delegate also considered the grounds under sections 42(b), 60, and 62A, although the Opponent did not press the ground under section 58. The relevant date for determining the rights of the parties was 22 May 2020, being the filing date of the Applicant's trade mark application.

In assessing the ground under section 44, the delegate first determined that the Applicant's trade mark was not substantially identical to the Opponent's marks, noting clear differences in their overall impression. The delegate then applied the test for deceptive similarity, which involves considering the impression left on the ordinary consumer, allowing for imperfect recollection. This assessment considers the look, sound, and ideas conveyed by the trade marks in their entirety. The delegate found that the Opponent had not established that the Applicant's trade mark was deceptively similar to its own marks, nor had it established grounds under sections 42(b), 60, or 62A.

Consequently, the delegate concluded that the Opponent had failed to establish any grounds for opposition. The application for the trade mark "EUROTECH AUTO HAUS" was therefore permitted to proceed to registration.