Re: Opposition by MBIP Nominees Pty Ltd as trustee for the Mecca Brands IP Unit Trust to registration of trade mark application number 1741718 (class 3) Meeka with spiral device in the name of Meeka Pty Ltd

The dispute before the Federal Court of Australia concerned an opposition by MBIP Nominees Pty Ltd, as trustee for the Mecca Brands IP Unit Trust, to the registration of the trade mark application number 1741718, comprising the word "Meeka" with a spiral device in Class 3, filed by Meeka Pty Ltd.

The primary legal issue before the Court was whether the applicant's trade mark application should be refused on the grounds of opposition, specifically concerning the potential for deception or confusion with the opponent's existing trade marks. This involved an assessment of the similarity of the marks, the goods or services in relation to which they were used, and the likelihood of consumers being misled or deceived into believing that the goods or services offered under the applicant's mark originated from, or were connected with, the opponent.

The Court considered the evidence presented by both parties, including declarations and submissions regarding the use and recognition of the respective trade marks. The Court's reasoning focused on established principles of trade mark law, particularly the test for deceptive resemblance under the *Trade Marks Act 1995* (Cth). This test requires a comparison of the marks as a whole, taking into account visual, aural, and conceptual similarities, as well as the nature of the goods and the likely perception of the relevant class of purchasers. The Court also had regard to the opponent's submission that parts of a declaration filed by the applicant were inadmissible.

The Court ultimately found that the applicant's trade mark application should be refused. The Court ordered that the trade mark application be refused and that the applicant pay the opponent's costs.