Opposition by Iconic Hotels Group Pty Ltd to registration of trade mark application number 1927038 (class 36) – IH ICONIC HOTELS (stylised)- in the name of Geocon Distributions Pty Ltd

Iconic Hotels Group Pty Ltd opposed the registration of the trade mark application number 1927038, styled "IH ICONIC HOTELS", in class 36, by Geocon Distributions Pty Ltd. The opposition was heard by Adrian Richards.

The primary legal issues before the delegate were whether the applicant's trade mark was deceptively similar to any earlier trade marks relied upon by the opponent, and whether the applicant's trade mark was likely to cause confusion or deceive the public as to the identity of the trade mark owner. The delegate considered grounds of opposition under sections 58 and 60 of the *Trade Marks Act 1995* (Cth).

The delegate found that the opponent had not established the grounds of opposition. In assessing deceptive similarity, the delegate applied the established principles of comparison, considering the visual, aural, and conceptual aspects of the marks. The delegate concluded that the applicant's mark, when considered as a whole, was not deceptively similar to the opponent's earlier marks. Furthermore, the delegate found no likelihood of deception or confusion arising from the use of the applicant's mark.

Consequently, the delegate dismissed the opposition and directed that the trade mark application proceed to registration.