Opposition by Macquarie University to registration of trade mark application number 2033144 (class 41) – Macquarie Institute – in the name of In2marketing.com.au Pty Ltd and Macquarie Institute of Technology Pty Ltd

Macquarie University opposed the registration of the trade mark application number 2033144, for the mark "Macquarie Institute" in class 41, filed by In2marketing.com.au Pty Ltd and Macquarie Institute of Technology Pty Ltd. The opposition was heard by Katrina Brown.

The primary legal issues before the Court were whether the applicant's proposed mark was deceptively similar to Macquarie University's earlier trade marks under section 44 of the *Trade Marks Act 1995* (Cth), whether the registration would be contrary to law under section 42(b) by reason of the use of the mark by the applicant being likely to deceive or cause confusion, and whether the mark had been used by the applicant in a way that would be likely to deceive or cause confusion given the reputation of Macquarie University under section 60.

The Court found that section 60 of the *Trade Marks Act 1995* (Cth) was established. This ground concerns the likelihood of deception or confusion arising from the use of a trade mark in relation to goods or services, having regard to the reputation of an earlier trade mark. The Court determined that the applicant's proposed mark, "Macquarie Institute," was likely to deceive or cause confusion among consumers due to the established reputation and extensive use of the name "Macquarie" by Macquarie University in connection with educational services. The Court did not need to consider the grounds under sections 42(b) and 44.

The Court ordered that the trade mark application be refused.