Opposition by Noel Lovisa to registration of trade mark application number 2303040 (class 41) –

This matter concerned an opposition by Noel Lovisa to the registration of trade mark application number 2303040, filed by an unnamed applicant, in class 41. 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 trade mark application should be refused on the grounds that it was deceptively similar to an earlier trade mark owned by the opponent, Noel Lovisa, and whether the applicant had established that the use of the applied-for mark would not be likely to deceive or cause confusion. The delegate was required to consider the provisions of the *Trade Marks Act 1995* (Cth) concerning opposition proceedings and the assessment of deceptive similarity.

In her reasoning, the delegate applied the established principles for assessing deceptive similarity, which involve a consideration of the visual, aural, and conceptual similarities between the marks, as well as the nature of the goods or services in relation to which the marks are used. The delegate considered the evidence presented by both parties, including evidence of use of the opponent's mark. The delegate found that the applied-for mark was deceptively similar to the opponent's earlier mark and that the applicant had not discharged the onus of proving that its use would not be likely to deceive or cause confusion.

Consequently, the delegate upheld the opposition and refused the registration of trade mark application number 2303040.