Opposition by L’Oreal, a Societe Anonyme, to registration of trade mark application numbers 1961047 - (3) - LORE and 1961193 - (3) - LORE PERFUMERY in the name of Lore Perfumery Pty Ltd
Case
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[2021] ATMO 14
•24 February 2021
Details
AGLC
Case
Decision Date
Opposition by L’Oreal, a Societe Anonyme, to registration of trade mark application numbers 1961047 - (3) - LORE and 1961193 - (3) - LORE PERFUMERY in the name of Lore Perfumery Pty Ltd [2021] ATMO 14
[2021] ATMO 14
24 February 2021
CaseChat Overview and Summary
The dispute before the Registrar of Trade Marks concerned an opposition by L’Oreal, a Societe Anonyme, to the registration of two trade mark applications, numbers 1961047 and 1961193, both for the mark LORE and LORE PERFUMERY respectively, filed by Lore Perfumery Pty Ltd.
The Registrar was required to determine whether the grounds of opposition relied upon by L’Oreal, specifically those under sections 44 and 60 of the *Trade Marks Act 1995* (Cth), had been established. These grounds typically relate to the likelihood of confusion with existing registered marks or prior use.
The Registrar found that L’Oreal had failed to establish any of the grounds of opposition it nominated. Consequently, the Registrar decided that the trade marks 1961047 and 1961193 could proceed to registration. The Registrar also ordered that L’Oreal pay the costs of Lore Perfumery Pty Ltd in respect of both trade mark applications.
The Registrar was required to determine whether the grounds of opposition relied upon by L’Oreal, specifically those under sections 44 and 60 of the *Trade Marks Act 1995* (Cth), had been established. These grounds typically relate to the likelihood of confusion with existing registered marks or prior use.
The Registrar found that L’Oreal had failed to establish any of the grounds of opposition it nominated. Consequently, the Registrar decided that the trade marks 1961047 and 1961193 could proceed to registration. The Registrar also ordered that L’Oreal pay the costs of Lore Perfumery Pty Ltd in respect of both trade mark applications.
Details
Key Legal Topics
Areas of Law
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Intellectual Property
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Administrative Law
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Costs
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Standing
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Appeal
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