Opposition by Align Technology Inc to registration of trade mark application numbers 1970473, 1970480, 1970484, 1970486, 1970488, 1970489 (classes 10, 35, 42,44) – ANGELALIGN and angelalignPro, angelalign,...

This matter concerned opposition proceedings brought by Align Technology Inc. against the registration of several trade mark applications (numbers 1970473, 1970480, 1970484, 1970486, 1970488, 1970489) filed by an unnamed applicant, across classes 10, 35, 42, and 44. The trade marks in question were ANGELALIGN and angelalignPro, along with variations thereof. The opposition was heard by M. Cooper.

The primary legal issues before the delegate were whether the opposed trade marks should be refused registration on the grounds of opposition under the *Trade Marks Act 1995* (Cth). Specifically, the delegate considered grounds under sections 44 (substantial identity or deceptive similarity to earlier trade marks), 60 (deceptive similarity to well-known trade marks), 42(b) (deceptive similarity to a trade mark registered for goods or services of the same description), and 62A (bad faith).

The delegate found that none of the grounds of opposition were established. In relation to section 44, the delegate determined that there was no substantial identity or deceptive similarity between the opposed marks and any earlier trade marks relied upon by the opponent. Similarly, the grounds under sections 60 and 42(b) were not made out, as the delegate concluded that the opposed marks were not deceptively similar to any well-known trade marks or registered trade marks of the opponent for goods or services of the same description. The delegate also found no evidence to support a finding of bad faith under section 62A.

Consequently, the delegate ordered that the opposed trade mark applications proceed to registration.