Seek Limited v GMO (WA) Pty Ltd

This decision concerns an opposition by Seek Limited against the registration of a series of trade marks by GMO (WA) Pty Ltd. The opposition was heard by Claudia Murray, a Hearing Officer for Trade Marks. The dispute centred on whether the registration of GMO (WA) Pty Ltd's trade marks should be allowed, given Seek Limited's existing trade mark.

The primary legal issue before the court was whether the proposed registration of GMO (WA) Pty Ltd's trade marks was likely to deceive or cause confusion, pursuant to section 60 of the relevant Act. This ground of opposition required Seek Limited to demonstrate that its own trade mark had acquired a reputation in Australia prior to the priority date of GMO (WA) Pty Ltd's application, and that the use of the latter's trade marks would likely lead to deception or confusion among the public due to that reputation.

The Hearing Officer reasoned that Seek Limited had successfully established a reputation in its 'SEEK' trade mark at the time GMO (WA) Pty Ltd filed its application. The court found that there was a real and tangible danger that the use of GMO (WA) Pty Ltd's proposed trade marks would cause a reasonable person to question whether the services offered originated from Seek Limited. This conclusion, based on the likelihood of deception or confusion, was sufficient to uphold the opposition under section 60.

Consequently, the Hearing Officer ordered that the series of trade marks subject to application number 1209277 be refused registration. Furthermore, GMO (WA) Pty Ltd was ordered to pay Seek Limited's costs of the proceedings.