Nylon Films Pty Ltd v Nylon Studios Pty Limited

This matter concerned an opposition to the registration of a trade mark application by Nylon Studios Pty Limited, brought by Nylon Films Pty Ltd. The opposition was heard by Claudia Murray, a delegate of the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the applicant's trade mark application should be refused registration on the grounds of opposition, specifically under section 60 of the *Trade Marks Act 1995* (Cth). This section concerns the use of a trade mark that is identical or deceptively similar to a trade mark that has acquired a reputation in Australia, and where the use of the applicant's mark would be likely to deceive or cause confusion.

The delegate considered evidence from both parties regarding their respective histories, target customer groups, and the reputation of Nylon Films Pty Ltd within the television commercial production industry. The delegate accepted the opponent's claims of a significant reputation in this specialised industry and found that the applicant's use of its trade mark was likely to deceive or cause confusion among members of that industry. The delegate applied the standard of proof on the balance of probabilities, as referred to in *Pfizer Products Inc v Karam* [2006] FCA 1663.

Consequently, the delegate found the ground of opposition under section 60 to be successful and refused to register trade mark application number 1054652. The delegate also awarded costs against the unsuccessful applicant, Nylon Studios Pty Limited.