Opposition by Home Box Office Inc to registration of trade mark application number 2221447 (classes 32 and 33) - Lannister & Device - in the name of Lannister Group Pty Ltd

The Administrative Appeals Tribunal considered an opposition by Home Box Office Inc. to the registration of the trade mark application number 2221447, comprising the word "Lannister" and a device, in classes 32 and 33, filed by Lannister Group Pty Ltd. The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth), with grounds pursued under sections 42, 43, 44, 60, and 62A of the Act.

The Tribunal was required to determine whether any of the grounds of opposition were established, specifically whether the applicant's trade mark was likely to deceive or cause confusion, whether it was not capable of distinguishing the applicant's goods or services, whether it was substantially identical or deceptively similar to a registered trade mark, or whether it was a well-known trade mark. The Tribunal also considered whether the applicant's use of the trade mark would be likely to deceive or cause confusion by reason of the use of the mark by the opponent as a trade mark.

The Tribunal found that the ground of opposition under section 62A of the *Trade Marks Act 1995* was established. This section concerns the use of a trade mark that is identical or deceptively similar to a well-known trade mark, where the use is likely to deceive or cause confusion. The Tribunal's reasoning, not detailed here, led it to conclude that the applicant's proposed mark infringed upon the rights associated with Home Box Office Inc.'s well-known trade mark.

Consequently, the Tribunal refused the registration of trade mark application number 2221447.