Zero Motorcycles Inc v Benzina Zero Pty Ltd

In this matter before the Delegate of the Registrar of Trade Marks, the Opponent, Zero Motorcycles Inc, opposed the registration of a trade mark by the Applicant, Benzina Zero Pty Ltd. The dispute concerned whether the Applicant's proposed trade mark was deceptively similar to any of the Opponent's existing trade marks, thereby preventing its registration.

The primary legal issue before the Delegate was to determine whether the ground of opposition pressed under regulation 4.15A of the *Trade Marks Regulations 1995* (Cth) was established. This required an assessment of whether the Applicant's trade mark was deceptively similar to any of the Opponent's registered trade marks.

The Delegate, Tracey Berger, found that the Opponent had failed to establish the ground of opposition. In reaching this conclusion, the Delegate considered all relevant factors and was not satisfied that the Applicant's trade mark was deceptively similar to any of the Opponent's marks. Consequently, the opposition was dismissed, and the trade mark was permitted to proceed to registration. The Delegate also ordered that the Opponent pay the Applicant's costs.