Opposition by Advance Magazine Publishers Inc to registration of trade mark application number 1838932 (class 11) - VOGUE - in the name of Paul Rigo

This matter concerned an opposition by Advance Magazine Publishers Inc to the registration of the trade mark application number 1838932, for the mark VOGUE in class 11, filed by Paul Rigo. The opposition was heard by M Cooper.

The primary legal issues before the court were whether the applicant's trade mark should be refused registration under various sections of the *Trade Marks Act 1995* (Cth), including grounds relating to deception or confusion (s 42(b)), misrepresentation (s 43), identity or similarity to earlier marks (s 44), and whether the applicant was entitled to registration (s 58). The court also considered grounds under s 60 (whether the mark is the same or deceptively similar to a trade mark that has become well known) and s 62A (whether the application was made in bad faith).

The court found that none of the grounds of opposition were established. In particular, the court determined that the applicant's mark was not deceptively similar to any of the opponent's earlier registered trade marks, nor was it likely to deceive or cause confusion. The court also found no evidence to support the claims of misrepresentation, entitlement, or bad faith. The opponent failed to demonstrate that its mark VOGUE had become well known in Australia in relation to the goods in class 11.

Consequently, the opposition was dismissed, and the trade mark application was allowed to proceed to registration.