Law Partners Unit Trust v Australian Law Partners Pty Ltd

Law Partners Unit Trust (the opponent) opposed the registration of a trade mark by Australian Law Partners Pty Ltd (the applicant) under section 52 of the *Trade Marks Act 1995* (Cth). The opponent relied on section 41 of the Act, alleging that the applicant's trade mark was deceptively similar to its own registered trade mark and that registration would be likely to deceive or cause confusion. The hearing officer was required to determine whether the opponent had established a case under section 41 and, if so, whether the applicant had discharged its onus to prove that registration would not be likely to deceive or cause confusion.

The hearing officer found that the opponent had established a case under section 41, concluding that the trade marks were deceptively similar. However, the hearing officer also found that the evidence of use of the opponent's trade mark was insufficient to demonstrate that the public would be likely to be deceived or confused by the registration of the applicant's mark. The onus then shifted to the applicant to demonstrate that registration would not be likely to deceive or cause confusion.

Ultimately, the hearing officer determined that the applicant had not discharged this onus. Despite the finding of deceptive similarity, the lack of sufficient evidence of use by the opponent meant that the hearing officer could not be satisfied that registration would not lead to deception or confusion. Consequently, the hearing officer refused to register the applicant's trade mark.