Grater Seven Pty Limited v Sizzler Restaurants International, Inc

Grater Seven Pty Limited (the applicant) sought to register the trade mark "Sizzler" in relation to restaurant services. Sizzler Restaurants International, Inc (the opponent) opposed this application, claiming that the mark was deceptively similar to its own registered trade mark "Sizzler" used for restaurant services. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the applicant's proposed trade mark was deceptively similar to the opponent's registered trade mark, such that its use would be likely to deceive or cause confusion among consumers. 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 for which they were used.

The Court applied the established principles for assessing deceptive similarity, which require a consideration of the marks as a whole, from the perspective of the ordinary consumer. It found that the marks were identical in spelling and pronunciation, and that the services offered under both marks were the same. Consequently, the Court concluded that there was a significant likelihood of deception or confusion among consumers. The Court therefore upheld the opposition.