The Ritz Hotel Limited v Institut Hotelier Cesar Ritz SA

Institut Hotelier Cesar Ritz SA applied to register three trade marks: CESAR RITZ (word mark) and CESAR RITZ HOTEL CONSULT (logo), for education and training in hospitality and hotel services. The Ritz Hotel Limited opposed these applications, relying on grounds including sections 60, 62(b), 42(b), 43, 44, and 58 of the *Trade Marks Act 1995*. The proceedings were heard by a delegate of the Registrar of Trade Marks.

The delegate was required to determine several legal issues. These included whether the applicant's pre-acceptance statements to the trade marks examiner were truthful and whether the applications were accepted based on false representations. The delegate also had to consider the alleged reputation of The Ritz Hotel Limited in Australia concerning its trade marks, including RITZ and CESAR RITZ, and whether this reputation would lead to deception or confusion. Further issues involved the use of the opponent's trade marks in Australia, the validity of consent given for the use of the name CESAR RITZ, and the opponent's Australian trade mark registrations under section 44.

The delegate found that the applicant's pre-acceptance statements, which led to the withdrawal of an objection under section 44, did not constitute a misstatement. The delegate reasoned that the applicant's Australian agent, Mrs Pongracz, took bookings for the overseas courses and facilitated contracts on behalf of the applicant, making the statements about the origin of services literally true in accordance with the principle in *Carnival Cruise Lines Inc. v. Sitmar Cruises Limited*. Regarding the opponent's claimed reputation, the delegate noted that the evidence relied upon was subject to significant reservations concerning its reliability in reflecting the actual thoughts of the general public in a marketplace context, particularly due to the nature of the interviews and questioning methods employed. The delegate also considered the opponent's Australian trade mark registrations, but the specific outcome of this consideration is not detailed in the provided text.