Re: Opposition by Jack Daniel's Properties, Inc to registration of trade mark application number 1773403 (class 33) - Jack n Jimmy in the name of D.J. Twins Pty Ltd

This matter concerned an opposition by Jack Daniel's Properties, Inc. to the registration of the trade mark application number 1773403, "Jack n Jimmy," in Class 33, filed by D.J. Twins Pty Ltd. The opposition was heard by Katrina Brown, acting as delegate for the Registrar of Trade Marks.

The primary legal issues before the delegate were whether the proposed mark "Jack n Jimmy" was deceptively similar to existing registered trade marks owned by Jack Daniel's Properties, Inc., specifically "Jack Daniel's" and "Jack Daniel's Old No. 7," under section 44 of the *Trade Marks Act 1995* (Cth). Additionally, the delegate considered whether the use of "Jack n Jimmy" would be likely to deceive or cause confusion under section 60 of the Act, and whether the application was made in bad faith under section 62A, or if the mark was an offensive mark under section 42(b).

The delegate found that the mark "Jack n Jimmy" was deceptively similar to the registered marks of Jack Daniel's Properties, Inc. This conclusion was based on an assessment of the visual, aural, and conceptual similarities between the marks, considering the overall impression they created. The delegate determined that the common element "Jack" and the overall sound and appearance of the marks, particularly in the context of alcoholic beverages, were likely to lead to confusion among consumers. Consequently, the delegate found that the ground of opposition under section 60 of the Act was established.

As a result of the established ground of opposition under section 60, the delegate refused the registration of the trade mark application number 1773403.