Re: Opposition by CSR Building Products Limited to extension of protection to Australia of International Registration 530546 (6, 17, 19, 37) - GYPREX (Australian Trade Mark Application No. 1966387) - in the name..

This matter concerned an opposition by CSR Building Products Limited to the extension of protection to Australia of International Registration 530546, for the mark GYPREX, in relation to goods and services in classes 6, 17, 19, and 37. The opposition was brought against Australian Trade Mark Application No. 1966387, filed by the applicant, which sought to register the mark GYPREX. The hearing officer's decision was under review by the Federal Court of Australia.

The primary legal issues before the Court were whether the hearing officer erred in finding that the applicant's mark GYPREX was not deceptively similar to CSR Building Products Limited's registered mark GYPRO, and whether the hearing officer correctly applied the test for deceptive similarity under section 44 of the *Trade Marks Act 1995* (Cth). Specifically, the Court had to consider the degree of visual, phonetic, and conceptual similarity between the two marks, as well as the nature of the goods and services in respect of which the marks were registered and sought to be registered.

The Court affirmed the principles governing the assessment of deceptive similarity, emphasising that it is a matter of first impression and that the marks must be considered as a whole. It found that the hearing officer had correctly applied these principles, noting that while there were some similarities between GYPREX and GYPRO, the differences were sufficient to avoid a finding of deceptive similarity, particularly when considering the context of the goods and services. The Court concluded that the hearing officer's decision was not affected by any error of law.

The appeal was dismissed, and the hearing officer's decision was affirmed.