Opposition by Gong Cha Australia Pty Ltd to registration of trade mark application number 1882415 (30) - Ben Gong's Tea Origin Tea Taste with house device and Chinese characters - in the name of Bengong's Tea...

The dispute before the Administrative Appeals Tribunal concerned an opposition by Gong Cha Australia Pty Ltd to the registration of trade mark application number 1882415, for the mark "Ben Gong's Tea Origin Tea Taste" with a house device and Chinese characters, filed by Bengong's Tea.

The Tribunal was required to determine whether the applicant's trade mark was, by reason of its resemblance to the opponent's registered trade mark (number 1799000, "Gong Cha"), likely to cause confusion among the public as to the identity of the trade mark owner. This involved an assessment of the visual, aural, and conceptual similarities between the two marks, as well as the respective goods and services for which they were registered and sought to be registered.

In reaching its decision, the Tribunal considered the principles of trade mark law regarding the likelihood of confusion, including the importance of imperfect recollection and the overall impression conveyed by the marks. The Tribunal found that while there were some similarities, the differences between the marks, particularly in their dominant elements and overall appearance, were sufficient to prevent a likelihood of confusion in the minds of the relevant consumers. The Tribunal also considered the distinctiveness of the respective marks and the nature of the goods and services.

The Tribunal dismissed the opposition, allowing the registration of the applicant's trade mark.