Opposition by Great Ocean Road Cycling Incorporated to registration of trade mark application 1803230 (41) – GORC GREAT OCEAN ROAD CYCLING CLASSIC and Device - in the name of Beaumont Management Services Pty Ltd

The Administrative Appeals Tribunal (AAT) considered an opposition by Great Ocean Road Cycling Incorporated to the registration of the trade mark application 1803230, comprising the words "GORC GREAT OCEAN ROAD CYCLING CLASSIC" and a device, filed by Beaumont Management Services Pty Ltd. The opposition was based on grounds including that the trade mark was substantially identical or deceptively similar to the opponent's earlier trade marks and that the applicant had not established a bona fide intention to use the mark.

The Tribunal was required to determine whether the applicant's proposed trade mark was substantially identical or deceptively similar to the opponent's registered trade marks, specifically "GORC" and "GREAT OCEAN ROAD CYCLING" and associated devices. Further, the Tribunal had to consider whether the applicant had demonstrated a bona fide intention to use the trade mark in relation to the services for which registration was sought, namely services related to organising and conducting cycling events.

In its reasoning, the Tribunal applied the principles of trade mark law concerning substantial identity and deceptive similarity, considering the visual, aural, and conceptual aspects of the marks. It found that the applicant's mark incorporated significant elements of the opponent's earlier marks, creating a likelihood of confusion among consumers. The Tribunal also found that the applicant had failed to provide sufficient evidence to establish a bona fide intention to use the mark, noting a lack of concrete steps taken towards commercialisation.

The Tribunal decided in favour of the opponent, Great Ocean Road Cycling Incorporated, and ordered that the trade mark application 1803230 be refused registration.