Opposition by Zinpro Corporation to registration of trade mark application number 2001269 (Class 5) – synpro+ – in the name of Australia Lockey Biotechnology Pty Ltd

Zinpro Corporation opposed the registration of the trade mark application number 2001269, "synpro+", in Class 5, filed by Australia Lockey Biotechnology Pty Ltd. The opposition was heard by Debrett Lyons.

The primary legal issues before the court were whether the applicant's trade mark was deceptively similar to any earlier trade marks under section 44 of the *Trade Marks Act 1995* (Cth), and whether the registration would be contrary to section 42(b) or section 60 of the Act.

The court found that the applicant's trade mark "synpro+" was deceptively similar to Zinpro Corporation's earlier registered trade mark "ZINPRO" under section 44 of the Act. This similarity was based on a comparison of the marks, considering their visual and phonetic elements, and the nature of the goods in respect of which the marks were used. The court determined that the use of "synpro+" in relation to the applicant's goods would be likely to deceive or cause confusion among consumers, given the existing registration of "ZINPRO" for similar goods. Consequently, the ground of opposition under section 44 was established.

The court refused the registration of the trade mark application number 2001269.