Opposition by Morgan & Hassam Investments Pty Ltd to registration of trade mark application 1764972 (31, 35) - FRENCH BLUE (Logo)

The dispute before the Administrative Appeals Tribunal concerned an opposition by Morgan & Hassam Investments Pty Ltd to the registration of the trade mark application 1764972, FRENCH BLUE (Logo), for goods in Class 31 and services in Class 35. The applicant for the trade mark was not identified in the provided text.

The Tribunal was required to determine whether the applicant's trade mark was likely to cause confusion with the opponent's existing trade mark, FRENCH BLUE, and whether the applicant's mark was distinctive or deceptively similar to the opponent's mark. Specifically, the Tribunal had to consider the application of sections 43 and 60 of the *Trade Marks Act 1995* (Cth), which deal with misleading or deceptive representations and the likelihood of confusion due to similarity, respectively.

In its reasoning, the Tribunal applied the principles of deceptive similarity, considering the visual and conceptual aspects of the marks. It noted that the word "FRENCH BLUE" was common to both marks and that the visual elements of the logo, while different, did not sufficiently distinguish the applicant's mark from the opponent's. The Tribunal found that there was a real chance of consumers being confused into believing that the goods and services offered under the applicant's mark originated from or were connected with the opponent.

The Tribunal upheld the opposition, finding that the applicant's trade mark application should be refused on the grounds of deceptive similarity and the likelihood of causing confusion.