Industria De Diseño Textil, S.A. v King Furniture Australia Pty Ltd

Industria De Diseño Textil, S.A. (the Opponent) opposed the registration of the trade mark ZAZA, applied for by King Furniture Australia Pty Ltd (the Applicant), in classes 20, 24, and 27. The opposition was heard by a delegate of the Registrar of Trade Marks. The Applicant did not appear at the hearing and filed no submissions.

The Opponent pressed grounds of opposition under sections 42(b) (use contrary to law), 44 (substantial identity or deceptive similarity to a prior mark), 58 (applicant not owner), and 60 (trade mark similar to one that has acquired a reputation in Australia) of the *Trade Marks Act 1995* (Cth). The onus was on the Opponent to establish at least one ground on the balance of probabilities, with the relevant time for assessment being the filing date of the application.

The delegate found that the Opponent had established the ground of opposition under section 60. The evidence demonstrated that the Opponent's ZARA and ZARA HOME trade marks had acquired a substantial reputation in Australia, particularly in relation to clothing, footwear, fashion accessories, and more recently, household products, furniture, and homewares. The delegate considered that the similarity between the ZARA and ZAZA marks, combined with the Opponent's established reputation, was likely to deceive or confuse prospective consumers into believing that sofas bearing the ZAZA mark originated from or were connected with the Opponent. As the Opponent succeeded on this ground, the delegate did not need to consider the other grounds of opposition.

Consequently, the delegate decided to refuse the registration of the ZAZA trade mark application.