RP Data Pty Ltd v Valocity Holdings Limited

RP Data Pty Ltd opposed the registration of the trade mark application VALOCITY CONNECT, filed by Valocity Holdings Limited, across classes 9, 35, 36, and 42. The opposition was heard by Timothy Brown.

The primary legal issue before the court was whether the proposed trade mark VALOCITY CONNECT was deceptively similar to RP Data's registered trade marks, specifically the mark VALOCITY, for the purposes of section 44 of the *Trade Marks Act 1995* (Cth). This involved an assessment of the visual, aural, and conceptual similarities between the marks, as well as the respective goods and services offered by the parties.

Timothy Brown determined that there was a significant degree of similarity between the marks VALOCITY CONNECT and VALOCITY. He reasoned that the common element "VALOCITY" was distinctive and formed the dominant part of both marks. The addition of "CONNECT" to the applicant's mark did not sufficiently differentiate it from the opponent's mark, particularly when considering the nature of the services provided, which were related to property data and information. The court applied the established principles for assessing deceptive similarity, focusing on the overall impression created by the marks and the likelihood of consumers being confused.

The opposition was upheld, and the application for the trade mark VALOCITY CONNECT was refused.