Gallup, Inc v Gallup International Association Gallup International Gmbh

Gallup, Inc. (the opponent) opposed the extension of protection of a trade mark to Australia by Gallup International Association Gallup International Gmbh (the applicant). The opposition was brought under regulation 17A.33 of the *Trade Marks Regulations 1995* (Cth). The delegate of the Registrar of Trade Marks considered the opposition.

The delegate was required to determine whether the opponent had established grounds for opposition under sections 41, 43, 60, and 62A of the *Trade Marks Act 1995* (Cth). Specifically, the delegate considered whether the trade mark was capable of distinguishing the applicant's goods and services, whether it was deceptive or confusing, whether it was substantially identical or deceptively similar to a trade mark in relation to which the opponent had established rights, and whether the applicant had proposed to use the trade mark in good faith.

The delegate found that the opponent had established grounds for opposition under section 60 of the Act. This section relates to the opponent having established rights in a trade mark and the applicant's mark being substantially identical or deceptively similar to it, such that the use of the applicant's mark would be likely to deceive or cause confusion. The delegate concluded that the applicant's proposed use of the trade mark would be likely to deceive or cause confusion, given the opponent's prior use and reputation in its own trade mark. The delegate did not find it necessary to consider the other grounds of opposition in detail, as section 60 alone was sufficient to refuse the extension of protection.

The delegate refused the extension of protection of the trade mark to Australia.