Opposition by Rafic Pty Limited to registration of trade mark application number 2102375 (class 30) -

This matter concerned an opposition by Rafic Pty Limited to the registration of trade mark application number 2102375 in class 30, filed by a party identified as "the Applicant". The opposition was heard by Nicole Worth, acting as delegate for the Registrar of Trade Marks. The dispute centred on whether the Applicant's proposed trade mark should be registered, given Rafic Pty Limited's existing rights.

The primary legal issue before the delegate was whether the Applicant's trade mark was, by virtue of its resemblance to Rafic Pty Limited's earlier trade marks, likely to cause confusion among consumers. Specifically, the delegate had to consider the provisions of the *Trade Marks Act 1995* (Cth) concerning the registration of trade marks that are identical or deceptively similar to earlier trade marks.

In reaching her decision, the delegate applied the established principles for assessing deceptive similarity, which involve considering the visual, aural, and conceptual aspects of the marks in question. The delegate analysed the degree of visual and phonetic similarity between the Applicant's mark and Rafic Pty Limited's registered marks, as well as the overall commercial impression conveyed by each. The delegate also considered the goods for which the marks were to be used, noting that they were within the same class and therefore likely to be sold through similar channels to the same consumers.

The delegate found that the Applicant's trade mark was deceptively similar to Rafic Pty Limited's earlier trade marks. Consequently, the delegate upheld the opposition and refused the registration of trade mark application number 2102375.