Opposition by Shaka Beverages, LLC to registration of trade mark application number 2393289 (class 30) -

This matter concerned an opposition by Shaka Beverages, LLC to the registration of trade mark application number 2393289 in class 30, filed by a third party. 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 proposed trade mark was deceptively similar to the opponent's earlier registered trade mark, SHAKA, within the meaning of section 44 of the *Trade Marks Act 1995* (Cth). This involved an assessment of the visual, aural, and conceptual similarities between the two marks, as well as consideration of the respective goods and services for which the marks were used or intended to be used.

In her reasoning, the delegate applied the established principles for assessing deceptive similarity, which require a consideration of the marks as a whole, the imperfect recollection of consumers, and the potential for confusion in the marketplace. The delegate found that the applicant's mark, when considered in its entirety and in light of the relevant goods, was deceptively similar to the opponent's registered mark. This conclusion was reached by comparing the distinctive elements of each mark and considering the likelihood that consumers would be confused into believing that the goods offered under the applicant's mark originated from, or were in some way connected with, the owner of the earlier SHAKA mark.

Consequently, the delegate upheld the opposition and refused the registration of trade mark application number 2393289.