Opposition by CELINE to registration of trade mark application 2114754 (25) – CELINE VICTORIA – in the name of Celine Victoria Robinson

This matter concerned an opposition by CELINE to the registration of the trade mark application 2114754 (25) for the mark "CELINE VICTORIA" in the name of Celine Victoria Robinson. The opposition was heard by Nicholas Smith, a delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether the grounds of opposition raised by CELINE under sections 42(b), 44, 60, and 62A of the *Trade Marks Act 1995* (Cth) had been established. The relevant date for determining the rights of the parties was the filing date of the application, 26 August 2020.

The delegate found that CELINE had not discharged the onus of proof for the grounds under sections 42(b), 60, and 62A, as these grounds relied on evidence of the opponent's use or reputation, which was not provided. However, the delegate found that the ground of opposition under section 44 was established. The delegate reasoned that Australian consumers would likely perceive "Victoria" in the applicant's mark as a geographical reference to the Australian state, rather than solely a personal name. Consequently, the delegate determined that the mark "CELINE VICTORIA" was deceptively similar to CELINE's existing trade marks, as the word "CELINE" remained the primary distinctive element and indicator of trade source.

As a result, the delegate refused to register the trade mark application and awarded costs to the opponent, CELINE.