Imax Corporation v Vago Imports Pty Ltd

Imax Corporation (the applicant) sought to register the trade mark IMAX in Class 25 for clothing and headgear. Vago Imports Pty Ltd (the opponent) opposed this application, relying on its prior use of the plain word mark IMAX in the same class for identical goods. The matter came before the Australian Trade Marks Office.

The primary legal issue for determination was whether the opponent's prior use of the plain word mark IMAX in Class 25 for clothing and headgear established sufficient rights to oppose the applicant's proposed registration of the same mark for the same goods. This involved assessing the distinctiveness of the mark and the extent of the opponent's use.

The Trade Marks Office found that the opponent had indeed used the plain word mark IMAX since 1996 in respect of clothing and headgear, which were identical to the goods specified by the applicant. This established the opponent's prior rights in the trade mark for those goods. Consequently, the opponent was entitled to oppose the applicant's application.