Trade mark application number 2215847 (36) – NAKED (figurative) – in the name of Engage Insurance Services Pty Ltd

The applicant, Engage Insurance Services Pty Ltd, sought to register the figurative trade mark NAKED for services in class 36, namely insurance and financial services. The application was opposed by a third party, and the delegate of the Registrar of Trade Marks was required to determine whether the application should be accepted or rejected.

The primary legal issue before the delegate was whether the applicant's proposed trade mark was likely to cause confusion with an existing registered trade mark, pursuant to section 44 of the *Trade Marks Act 1995* (Cth). This involved an assessment of the similarity between the applied-for mark and the cited mark, as well as the similarity of the goods and services for which the marks were used or intended to be used.

The delegate considered the visual and conceptual similarities between the figurative mark NAKED and the cited mark. The delegate found that the word "NAKED" was the dominant and distinctive element of the applicant's mark. Upon comparing this with the cited mark, the delegate concluded that there was a sufficient degree of visual, phonetic, and conceptual similarity between the marks, and that the services offered by the applicant were also similar to those covered by the cited mark. Consequently, the delegate was satisfied that there was a real and sensible chance of confusion arising in the minds of the public.

Accordingly, the delegate rejected the trade mark application under section 44 of the *Trade Marks Act 1995* (Cth).