Re Opposition by Jean Patou to registration of trade mark application 1914945 (3) - Joy Looks Good On You - in the name of Plexus Worldwide LLC

This matter concerned an opposition by Jean Patou to the registration of the trade mark application 1914945, "Joy Looks Good On You," filed by Plexus Worldwide LLC. The opposition was heard by Robert Wilson, a delegate of the Registrar of Trade Marks. The dispute arose because Jean Patou, a well-established French company with a long history of using the "JOY" family of marks for perfumes and cosmetics, alleged that the applicant's proposed mark would cause deception or confusion due to the reputation of its own marks.

The primary legal issue before the delegate was whether the ground of opposition under section 60 of the *Trade Marks Act 1995* (Cth) had been established. This section allows for opposition if the registration of a trade mark is likely to deceive or cause confusion because of its identity with, or similarity to, a trade mark that has, by reason of its use, a reputation in Australia. The delegate was required to consider the extent to which the opponent's established reputation in its "JOY" family of marks, particularly for high-esteem goods such as perfumes and cosmetics, might lead to confusion with the applicant's proposed mark for similar goods.

In reaching his decision, the delegate considered the extensive evidence presented by both parties regarding their respective trade mark portfolios and usage. The opponent demonstrated a significant and long-standing reputation in Australia and globally for its "JOY" branded perfumes and cosmetics, tracing its origins back to 1929. The applicant, on the other hand, used "Joy Looks Good On You" as a sub-brand for its "Joyome Range" of skincare products, which had been used in the United States and Australia since 2018. The delegate found that the opponent had successfully established the ground of opposition under section 60 of the Act, concluding that the applicant's proposed mark was likely to deceive or cause confusion given the opponent's established reputation in the "JOY" family of marks for goods of high esteem. Consequently, the delegate refused to register the applicant's trade mark. The opponent was also awarded costs against the applicant.