Opposition by TSW PTY LTD to registration of trade mark application number 2373434 (classes 35 and 36) –

This matter concerned an opposition by TSW PTY LTD to the registration of trade mark application number 2373434, filed by an applicant not named in the provided text, in classes 35 and 36. The opposition was heard by Anne Makrigiorgos, acting as the delegate of the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the applicant's trade mark should be refused registration under section 60 of the *Trade Marks Act 1995* (Cth) on the grounds that it was deceptively similar to TSW PTY LTD's earlier trade mark. This involved an assessment of whether the marks were identical or deceptively similar, and whether the goods and services covered by the respective marks were also identical or similar.

In reaching her decision, the delegate applied the established principles for assessing deceptive similarity, considering the visual, aural, and conceptual aspects of the marks. The delegate found that the applicant's mark was not deceptively similar to TSW PTY LTD's earlier mark, nor were the respective goods and services considered identical or similar to a degree that would warrant refusal.

Consequently, the opposition was dismissed, and the trade mark application was accepted for registration.