Matthew Wherrett v Holley Performance Products

Matthew Wherrett, the applicant, sought to register a trade mark. Holley Performance Products, the opponent, opposed this application. The dispute concerned whether the proposed registration would cause deception or confusion, thereby infringing upon the opponent's existing trade mark rights. The decision was made by Terry Williams, a Hearing Officer.

The primary legal issue before the Hearing Officer was whether the applicant's proposed trade mark, in relation to the goods and services offered, would lead to deception or confusion, specifically under section 60 of the relevant legislation. This section concerns the reputation of an opponent's trade mark and the potential for confusion arising from the use of a similar mark by an applicant.

The Hearing Officer was not convinced that the reputation of Holley Performance Products' trade mark would be such that the use of the HOLLEY trade mark by Mr Wherrett, in connection with the repair, remanufacturing, or sale of carburettors, would cause any deception or confusion. Consequently, the Hearing Officer found that the opponent had not established the section 60 ground for opposition. The trade mark application was permitted to proceed to registration one month from the date of the decision, with a provision for delayed registration if an appeal was filed. Mr Wherrett was ordered to pay Holley Performance Products' costs.