Re Opposition by Gulf International Lubricants Ltd to registration of trade mark application 1873395 (1) - GULFPRIDE - in the name of Swire Industry Limited

This matter concerned an opposition by Gulf International Lubricants Ltd (the Opponent) to the registration of the trade mark GULFPRIDE in the name of Swire Industry Limited (the Applicant). The opposition was heard by Robert Wilson, Hearing Officer and Delegate of the Registrar of Trade Marks.

The primary legal issue before the Delegate was whether the Applicant's trade mark application for GULFPRIDE was substantially identical with, or deceptively similar to, a registered trade mark of the Opponent, pursuant to section 44 of the *Trade Marks Act 1995* (Cth). The Opponent also nominated other grounds of opposition, but it was only required to establish one to succeed. The onus of proof rested on the Opponent, with the standard of proof being the ordinary civil standard on the balance of probabilities. The relevant date for determining the rights of the parties was 14 September 2017, the filing date of the application.

The Delegate considered the definition of "deceptively similar" under section 10 of the Act, which states that a trade mark is deceptively similar if it so nearly resembles another trade mark that it is likely to deceive or cause confusion. The Delegate found that the Opponent had established the ground of opposition under section 44, concluding that the Applicant's trade mark was deceptively similar to the Opponent's registered trade marks in respect of similar or closely related goods and services.

Accordingly, the Delegate, having regard to the extent to which the ground of opposition under section 44 had been established, decided to refuse to register the Applicant's trade mark. The Opponent, as the successful party, was awarded its costs against the Applicant.