Gavin Chan Pty Ltd and Victorian Cosmetic Institute Berwick Pty Ltd v Victoria Chakkour

Gavin Chan Pty Ltd and Victorian Cosmetic Institute Berwick Pty Ltd (the Opponent) sought to oppose the registration of a trade mark by Victoria Chakkour (the Applicant) before Jock McDonagh. The dispute concerned the registration of a trade mark, with the Opponent relying on section 60 of the relevant Act, which deals with trade marks similar to those that have acquired a reputation in Australia.

The court was required to determine whether the Opponent's trade mark had acquired a reputation in Australia before the priority date of the Applicant's trade mark. Furthermore, the court had to assess whether, due to this reputation, the use of the Applicant's trade mark was likely to deceive or cause confusion among the public. The court noted that it was not necessary to establish deceptive similarity between the trade marks for a section 60 ground to succeed, although such a finding could be relevant to the likelihood of deception or confusion.

In its reasoning, the court referred to the test for "reputation" as set out in *McCormick & Company Inc v McCormick*, which involves the recognition of the trade mark by the public generally. The court considered evidence including declarations detailing the Opponent's business in cosmetic surgery and similar services, the Applicant's history, and evidence of bona fides. It also examined evidence of telephone enquiries made to the Opponent's premises asking if they were the Applicant, and confidential evidence of the Opponent's substantial turnover. The court's ultimate decision and orders are not detailed in the provided text.