Evee Pty Ltd v Evie Mobility Pty Ltd

Evee Pty Ltd (the opponent) opposed the registration of the trade mark application number 2149161, EVIE GO ELECTRIC GO ANYWHERE (Figurative), by Evie Mobility Pty Ltd (the applicant), across various classes including those relating to electric vehicles, mobility services, and related retail and rental services. The opposition was heard by Louise Tuohy.

The primary legal issue before the court was whether the applicant's trade mark was deceptively similar to the opponent's registered trade mark, EVEE, and whether the applicant's mark was capable of deceiving or causing confusion among the relevant public, particularly in relation to the origin of the goods and services. This involved an assessment of the visual, aural, and conceptual similarities between the two marks, as well as the nature of the goods and services offered by each party.

In determining the issue of deceptive similarity, the court applied the established principles of trade mark law, which require a comparison of the marks as a whole, considering their dominant features. The court found that while there were some differences, the marks EVEE and EVIE shared a high degree of visual and aural similarity. Furthermore, the court considered the conceptual similarity, noting that both marks referred to a similar phonetic sound and could be perceived as a personal name. Given the overlap in the goods and services offered by the parties, particularly in the electric vehicle and mobility sectors, the court concluded that there was a real likelihood of deception or confusion among consumers as to the source of the goods and services.

Consequently, the court upheld the opposition and ordered that the applicant's trade mark application be refused.