Pernod Ricard v West End Drinks Limited

Pernod Ricard, the opponent, sought to oppose the registration of a trade mark by West End Drinks Limited, the applicant, before the Australian Trade Marks Office. The dispute concerned West End Drinks' application to register a trade mark.

The opponent advanced grounds of opposition under sections 44, 60, and 42(b) of the *Trade Marks Act 1995* (Cth). Section 44 concerns the identity or similarity of trade marks and goods or services, section 60 relates to the use of a trade mark in relation to goods or services that are the same or deceptively similar to those for which a registered trade mark has been used, and section 42(b) deals with the registration of a trade mark that would be likely to deceive or cause confusion.

The delegate considered each ground of opposition. In relation to section 44, the delegate found that the opponent had not established that the applicant's trade mark was identical or deceptively similar to any of its registered trade marks for identical or similar goods or services. Similarly, the grounds under section 60 and section 42(b) were not established, as the delegate concluded that the use or registration of the applicant's trade mark was not likely to deceive or cause confusion.

Consequently, the delegate determined that none of the grounds of opposition were established and ordered that the trade mark application would proceed to registration.