Opposition by Les Editions Jalou and AMTD Group Inc. to registration of trade mark application number 2289204 (16, 41) –

This matter concerned an opposition by Les Editions Jalou and AMTD Group Inc. to the registration of trade mark application number 2289204, filed by an unnamed applicant, for goods and services in classes 16 and 41. The opposition was heard by Deputy Registrar Louise Tuohy of the Australian Trade Marks Office.

The core legal issues before the Deputy Registrar were whether the applicant's trade mark was deceptively similar to the opponents' earlier trade marks, and whether the applicant's proposed use of the mark would be likely to deceive or cause confusion among the public. Specifically, the opponents argued that the applicant's mark infringed their prior rights in similar marks, thereby contravening sections 44 and 60 of the *Trade Marks Act 1995* (Cth).

In her reasoning, the Deputy Registrar applied the established principles for assessing deceptive similarity and the likelihood of deception or confusion. This involved a careful comparison of the visual, aural, and conceptual elements of the respective trade marks, considering the nature of the goods and services for which they were registered and sought to be registered. The Deputy Registrar concluded that there was a sufficient degree of similarity between the marks, and that the applicant's proposed use was likely to cause deception or confusion, leading to the opposition being upheld.