Google LLC v Fit Bet Pty Ltd

Google LLC opposed the registration of the trade mark application number 2089047, for the mark "FitBet" in Classes 9 and 41, by Fit Bet Pty Ltd. The opposition was heard by Blake Knowles.

The primary legal issue before the court was whether the applicant's trade mark was likely to deceive or cause confusion among the public, pursuant to section 60 of the *Trade Marks Act 1995* (Cth). This involved assessing the degree of similarity between the applicant's mark and Google's registered trade marks, particularly those incorporating the term "Fit", and considering the respective goods and services offered under these marks.

The court found that while there was some similarity between the marks, the differences in the overall appearance, sound, and meaning were sufficient to prevent a likelihood of deception or confusion. Specifically, the court noted that the common element "Fit" was descriptive of the goods and services in question, and that the distinctiveness of the respective marks, when considered as a whole, would lead consumers to distinguish between the offerings of the two parties. The court applied the principles of comparison of marks, considering the visual, phonetic, and conceptual aspects, and assessed the likelihood of confusion in the context of the relevant trade channels and target consumers.

The opposition was dismissed, and the trade mark application proceeded to registration.