Graeme MacNamara v King Koil Licensing Company, Inc

This matter concerns an opposition lodged by King Koil Licensing Company Inc. against the registration of the trade mark application 612133, CENTA-SPAN, for goods in class 20, specifically mattresses, beds, and pillows, by Graeme MacNamara. The opposition was heard by a delegate of the Registrar of Trade Marks, applying the provisions of the Trade Marks Act 1955.

The legal issues before the delegate were whether the trade mark CENTA-SPAN was registrable under sections 24 and 25 of the Act, and whether its use would be likely to deceive or cause confusion under section 28 of the Act, thereby disentitling it to protection in a court of justice. The opponent argued that CENTA-SPAN was not distinctive, was too similar to its own trade mark CHIRO-SPAN, and that its use would lead to deception and confusion, potentially constituting passing off or misleading and deceptive conduct. The applicant contended that CENTA-SPAN was visually, phonetically, and conceptually distinct from CHIRO-SPAN, and that the common element "SPAN" was descriptive and not subject to monopoly.

The delegate reasoned that CENTA-SPAN did not make a direct reference to the character or quality of the goods, thus satisfying section 24(1)(d), and consequently met the lesser requirements of section 25. Regarding section 28, the delegate found that while the opponent had a reasonable reputation in CHIRO-SPAN, the trade marks were not sufficiently alike to cause deception or confusion among a substantial number of persons. The delegate noted the descriptive nature of "SPAN" and the distinctiveness of the prefixes "CENTA" and "CHIRO," concluding that purchasers would not be deceived as to the origin of the goods. Furthermore, the delegate found no evidence of blameworthy conduct on the part of the applicant in adopting the trade mark.

Consequently, the opposition was dismissed, and the trade mark application was directed to proceed to registration. Costs were awarded to the trade mark applicant.