Re: Opposition by Innovare Pty Ltd to registration of trade mark application 1932950 (35, 37) - Innovare - in the name of Zikos Holdings Pty Ltd

This matter concerned an opposition by Innovare Pty Ltd to the registration of a trade mark application, number 1932950, in the name of Zikos Holdings Pty Ltd. The opposition was brought before a Delegate of the Registrar of Trade Marks.

The primary legal issue before the Delegate was whether the proposed registration of the trade mark should be refused on the grounds that its use would be likely to deceive or cause confusion, pursuant to section 60 of the *Trade Marks Act 1995* (Cth). The Opponent also raised grounds under sections 52 and 58 of the Act, but the Delegate focused on section 60.

The Delegate found that the Opponent had established the ground of opposition under section 60. The Delegate reasoned that even a single incident of confusion, where a building manager contacted the Opponent regarding a fit-out completed by the Applicant, demonstrated a likelihood of deception or confusion. The Delegate considered that the Opponent's reputation could be damaged if such confusion were not remedied, and that the existence of only one identified instance of confusion did not negate the foreseeability of future confusion arising from the use of the trade mark in connection with the Applicant's goods.

Accordingly, the Delegate refused to register the trade mark. The Delegate directed that the refusal be recorded one month from the date of the decision, unless a notice of appeal was filed, in which case the refusal would be stayed pending the outcome of the appeal. The Opponent was awarded costs against the Applicant.