Opposition by Icon Health & Fitness Inc to registration of trade mark application 1923795 (9, 35, 43) – FIT NUTRITION (fancy) – in the name of Fit Revolution Pty Ltd

Icon Health & Fitness Inc opposed the registration of the trade mark application 1923795, for the mark FIT NUTRITION (in fancy lettering), in the name of Fit Revolution Pty Ltd, in classes 9, 35, and 43. The opposition was heard by Robert Wilson.

The primary legal issues before the court were whether the applicant's mark was deceptively similar to any earlier trade marks under section 44 of the *Trade Marks Act 1995* (Cth), whether the mark was likely to deceive or cause confusion under section 42(b) of the Act, and whether the mark was so similar to a well-known trade mark that it would be likely to cause confusion under section 60 of the Act.

The court found that none of the grounds of opposition were established. In relation to section 44, the court considered the earlier trade marks relied upon by the opponent and concluded that there was no deceptive similarity. For section 42(b), the court determined that the applicant's mark was not likely to deceive or cause confusion in the minds of the public. Finally, concerning section 60, the court found that the applicant's mark was not so similar to any well-known trade mark as to be likely to cause confusion.

Consequently, the opposition was dismissed, and the trade mark application was allowed to proceed to registration.