Opposition by EMI (IP) Limited to registration of trade mark application 1871901 (23) – ABBEY ROAD – in the name of Spotlight Pty Ltd

This matter concerned an opposition by EMI (IP) Limited to the registration of the trade mark ABBEY ROAD, application number 1871901, in the name of Spotlight Pty Ltd. 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 relied upon by EMI (IP) Limited, including those under sections 42(b), 44, 60, and 62A of the *Trade Marks Act 1995* (Cth), had been established. The opponent, a UK-based music industry company, sought to prevent the registration of the ABBEY ROAD mark by Spotlight Pty Ltd, an Australian retailer of yarns and craft goods, for use in relation to yarn products.

The delegate considered evidence from both parties, including declarations from representatives of the opponent and the applicant. The applicant argued that its use of the ABBEY ROAD mark for yarn was inspired by musical references and that there was a significant distinction between recording studio services and yarn products. The delegate found that the goods and services were highly distinct and was not satisfied that the applicant intended to benefit from any confusion with the opponent. Consequently, the ground of opposition under section 62A was not established, and the delegate found that none of the nominated grounds of opposition had been proven.

The delegate ordered that trade mark application number 1871901 proceed to registration, subject to any appeal proceedings. The applicant was awarded costs against the opponent.