Opposition by Medical Score UAB to registration of trade mark application number 2425231 (classes 9, 44) -

This matter concerned an opposition by Medical Score UAB to the registration of trade mark application number 2425231, filed by an unnamed applicant, in classes 9 and 44. The opposition was heard by Sheona Robertson, acting as delegate for the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the applicant's trade mark was deceptively similar to the opponent's earlier trade mark, "MEDICAL SCORE", registered in class 10. The delegate was required to assess the degree of visual, phonetic, and conceptual similarity between the two marks, and consider the likelihood of deception or confusion among consumers.

In her reasoning, the delegate applied the established principles for assessing deceptive similarity under the *Trade Marks Act 1995* (Cth). She considered the marks as a whole, noting that the applicant's mark incorporated the word "MEDICAL" and the word "SCORE", which were identical to the opponent's registered mark. The delegate found that the addition of other elements to the applicant's mark did not sufficiently distinguish it from the opponent's mark, leading to a strong likelihood of deception or confusion.

Consequently, the delegate upheld the opposition and refused the registration of trade mark application number 2425231.