Jaimon Thomas v Monsoon Group Australia Pty Ltd

Jaimon Thomas opposed the registration of the trade mark application number 2263017, "kayal events", in Class 41, by Monsoon Group Australia Pty Ltd, before the Administrative Appeals Tribunal (AAT). The opposition was based on grounds including that the mark was not capable of distinguishing the applicant's services and that it was deceptively similar to Mr Thomas's earlier trade mark "KAYAL" registered in Class 41.

The Tribunal was required to determine whether the trade mark "kayal events" was capable of distinguishing the services offered by Monsoon Group Australia Pty Ltd, and whether it was deceptively similar to Mr Thomas's registered trade mark "KAYAL". The Tribunal also considered whether the applicant had established that the mark had acquired distinctiveness through use.

In its reasoning, the Tribunal applied the principles of trade mark law concerning distinctiveness and deceptive similarity. It noted that the word "kayal" itself did not have a readily apparent meaning in relation to the services in Class 41, which include entertainment services and event management. The Tribunal found that the addition of the word "events" to "kayal" did not fundamentally alter the overall impression of the mark, and that the marks "kayal events" and "KAYAL" were deceptively similar. The Tribunal concluded that the applicant had not demonstrated that the mark had acquired distinctiveness through use prior to the filing date of the application.

The Tribunal decided to refuse the registration of the trade mark application.