Re: Opposition by The Scotch Whisky Association to registration of trade mark application number 1808708 (class 33) - Clyde River (word mark) in the name of Mr Cristian Andrei

The Scotch Whisky Association opposed the registration of the word mark "CLYDE RIVER" in class 33 for alcoholic beverages, citing grounds under the *Trade Marks Act 1995* (Cth). The application was made by Mr Cristian Andrei. The opposition was heard by Kate Doherty.

The primary legal issues before the court were whether the proposed trade mark was deceptive or misleading under sections 18 and 29 of the *Competition and Consumer Act 2010* (Cth), and whether it was likely to deceive or cause confusion under section 43 of the *Trade Marks Act 1995* (Cth). The Association also pursued grounds under section 41 of the *Trade Marks Act 1995* (Cth), relating to the distinctiveness of the mark.

The court found that the grounds of opposition were not established. It reasoned that the term "Clyde River" did not inherently suggest that the goods were Scotch whisky, nor was there evidence to establish that consumers would be misled into believing the goods originated from Scotland or were Scotch whisky. The court applied the principles of trade mark law concerning deceptive conduct and the likelihood of confusion, concluding that the applicant's mark was not deceptive or misleading in the context of class 33 goods.

The opposition was dismissed, and the trade mark application will proceed to registration.