TWC Holdings Pty Ltd v Graham Walters & Associates

TWC Holdings Pty Ltd (the applicant) sought to register the trade mark "TWC" in class 35. Graham Walters & Associates (the opponent) opposed this application. The matter was heard by a delegate of the Registrar of Trade Marks in Melbourne.

The primary legal issue before the delegate was whether the applicant's proposed trade mark was deceptively similar to the opponent's registered trade mark "TWG". The delegate was required to consider the provisions of the *Trade Marks Act 1995* (Cth) concerning opposition to registration based on deceptive similarity.

The delegate applied the established principles for assessing deceptive similarity, which involve considering the visual, aural, and conceptual similarities between the marks, as well as the goods or services in relation to which they are used. The delegate found that the marks "TWC" and "TWG" were not deceptively similar, noting the distinct difference in the final letter and the lack of any significant overlap in the goods or services.

The delegate dismissed the opposition and allowed the applicant's trade mark to proceed to registration.