Royal Doulton (UK) Ltd v Anthony Ghosen

This matter concerned an opposition to the registration of a trade mark by Royal Doulton (UK) Ltd against an application by Anthony Ghosen. The opposition was heard by Jock McDonagh, a delegate of the Registrar of Trade Marks, in Canberra. The applicant did not appear at the hearing.

The primary legal issues before the delegate were whether the proposed trade mark was likely to deceive or cause confusion under section 43 of the *Trade Marks Act 1995* (Cth), and whether the use of the mark would be likely to deceive or cause confusion under sections 58 and 60 of the Act. The opponent specifically argued that the trade mark, by its very nature, connoted royal patronage or authority, which would lead to deception or confusion among consumers.

The delegate considered the meaning of "connotation" in trade mark law, referring to established case law that defines it as an implied or associated meaning within the mark itself. The opponent argued that the use of the word "Royal" in the applicant's mark implied royal patronage, citing analogous provisions in New Zealand legislation that prohibit the unauthorised use of words suggesting royal or government patronage. The delegate found that, due to the opponent's reputation, there was a real and tangible chance that consumers would be confused or deceived by the applicant's mark, thereby establishing the ground of opposition under section 43.

As the opponent had successfully established grounds for opposition, the delegate refused to register the trade mark. The delegate also awarded costs against the applicant in favour of the opponent.