Re: Opposition by Cork & Chroma Pty Ltd to registration of trade mark application 1896423 (41) - Cork & Canvas (Figurative) - in the name of Cocktails & Canvas Asset Corp Pty Ltd

This matter concerned an opposition by Cork & Chroma Pty Ltd to the registration of a trade mark application by Cocktails & Canvas Asset Corp Pty Ltd. The opposition was brought before the Delegate of the Registrar of Trade Marks.

The primary legal issue before the Delegate was whether the applicant's proposed trade mark, "Cork & Canvas (Figurative)", for services, was likely to deceive or cause confusion under section 60 of the *Trade Marks Act 1995* (Cth), given the opponent's existing use and reputation in the "CORK & CHROMA" mark for identical services.

The Delegate reasoned that both parties operated in identical markets and provided identical services, making them direct competitors. While acknowledging the opponent's reputation was not substantial, the Delegate found that the nature of the services and the clientele meant that confusion was likely. Crucially, the Delegate was satisfied by evidence of actual confusion, noting over 12 instances where members of the public believed the parties were associated. This evidence, despite criticism of its quantity, was considered highly probative in establishing a likelihood of deception or confusion under section 60.

Accordingly, the Delegate found that the ground of opposition under section 60 of the Act had been established and refused to register the trade mark. The Delegate also awarded costs against the applicant in favour of the opponent.