Rundles Pty Ltd. v Trussardi S.p.A

The delegate of the Registrar of Trade Marks considered an opposition by Rundles Pty Ltd to the registration of a trade mark by Trussardi S.p.A. Rundles sought to oppose the registration of Trussardi's proposed trade mark, which comprised the word "TRUSSARDI" and a stylised representation of a greyhound, on the grounds that it was substantially identical with or deceptively similar to its own registered trade mark, "RUNDLES" and a stylised representation of a greyhound.

The primary legal issue before the delegate was whether the proposed trade mark of Trussardi was substantially identical with or deceptively similar to the registered trade mark of Rundles, pursuant to section 44 of the *Trade Marks Act 1995* (Cth). This involved an assessment of the visual, aural, and conceptual similarities between the two marks, as well as the respective goods and services for which registration was sought.

In determining the issue of substantial identity or deceptive similarity, the delegate applied the established principles of trade mark law. The delegate considered the overall impression of the marks, noting that while both marks featured a greyhound device, the word elements "TRUSSARDI" and "RUNDLES" were distinct and conveyed different meanings. The delegate found that the differences in the word components were significant enough to prevent the marks from being considered substantially identical. Furthermore, the delegate concluded that despite the shared visual element of the greyhound, the marks were not deceptively similar, as the average consumer would not be confused into believing that the goods or services offered under the Trussardi mark originated from or were connected with Rundles. The delegate also considered the distinctiveness of the respective marks and the nature of the goods and services.