Re Opposition by Corn Products Developments Inc to registration of trade mark application number 2019454 (class 30) - CLEARFLO in the name Cargill, Incorporated

This matter concerned an opposition by Corn Products Developments Inc to the registration of the trade mark CLEARFLO, application number 2019454 in class 30, filed by Cargill, Incorporated. The opposition was heard by delegate Nicole Worth of the Trade Marks Office.

The primary legal issues before the delegate were whether the applicant's trade mark CLEARFLO was deceptively similar to any earlier trade marks under section 44 of the *Trade Marks Act 1995* (Cth), whether it was likely to deceive or cause confusion under section 60, whether it was not capable of distinguishing the applicant's goods under section 42, whether it was applied for in bad faith under section 58, and whether it was a prohibited mark under section 62A.

The delegate found that none of the grounds of opposition were established. In relation to section 44, the delegate considered the evidence of use of the opponent's marks and concluded that there was no substantial degree of visual, phonetic, or conceptual similarity between CLEARFLO and the cited marks. The delegate also found that the applicant's mark was not likely to deceive or cause confusion under section 60, nor was it incapable of distinguishing the applicant's goods under section 42. Furthermore, the delegate determined that there was no evidence to support the claims of bad faith under section 58 or that the mark was prohibited under section 62A.

Consequently, the delegate ordered that the opposition be dismissed and that the trade mark application proceed to registration.