Re Opposition by PM-International AG to registration of trade mark application 1939521 (5) PM (fancy) in the name of Jeunesse Global Holdings LLC

The dispute before the Federal Court of Australia concerned an opposition by PM-International AG to the registration of the trade mark application 1939521, comprising the word "PM" in a fancy font, filed by Jeunesse Global Holdings LLC. PM-International AG sought to prevent the registration of the mark.

The primary legal issue before the Court was whether the applicant's trade mark was deceptively similar to the opponent's earlier trade mark, "PM" (in standard font), for the purposes of section 44 of the *Trade Marks Act 1995* (Cth). This involved an assessment of whether an ordinary consumer, with imperfect recollection, would be likely to be confused or deceived into believing that the goods or services offered under the applicant's mark originated from, or were connected with, the opponent.

Justice Debrett Lyons applied the established principles for assessing deceptive similarity, considering the visual, aural, and conceptual aspects of the marks. Her Honour found that while the applicant's mark featured a "fancy" font, the core element remained the letters "PM". The Court concluded that the visual differences introduced by the font were insufficient to overcome the strong visual and conceptual similarity of the core "PM" element, particularly when considering the goods and services for which registration was sought. The Court determined that there was a real likelihood of deception or confusion among consumers.

Consequently, the Court upheld the opposition and ordered that the trade mark application be refused.