Opposition by Annco Inc to registration of trade mark application number 1895393 (class 25) – The Slumber Loft - in the name of Peter Sheppard Footwear Pty Ltd

Case

[2020] ATMO 159

30 September 2020


Details
AGLC Case Decision Date
Opposition by Annco Inc to registration of trade mark application number 1895393 (class 25) – The Slumber Loft - in the name of Peter Sheppard Footwear Pty Ltd [2020] ATMO 159 [2020] ATMO 159 30 September 2020

CaseChat Overview and Summary

Annco Inc opposed the registration of the trade mark application number 1895393, "The Slumber Loft," in class 25, by Peter Sheppard Footwear Pty Ltd. The decision was made by Adrian Richards.

The primary legal issue before the court was whether the ground of opposition under section 44 of the *Trade Marks Act 1995* (Cth) had been established. This section concerns the registration of trade marks that are identical or deceptively similar to earlier trade marks.

The court found that the ground of opposition under section 44 was established. Consequently, the court refused to register the trade mark. The court also awarded costs against the applicant, Peter Sheppard Footwear Pty Ltd, as costs typically follow the event.
Details

Areas of Law

  • Intellectual Property

  • Administrative Law

Legal Concepts

  • Costs

  • Statutory Construction