PLATINUM LOGISTICS PTY LTD V PLATINUM FREIGHT MANAGEMENT PTY LTD [2016] ATMO 18

This matter concerned the opposition by Platinum Logistics to the registration of the trade mark PLATINUM LOGISTICS by Platinum Freight Managament.

The opponent relied on various of its prior registrations including marks that contained the words ‘PLATINUM POST’, ‘EXPRESS POST PLATINUM’ and ‘PLATINUM SERVICES’ with additional elements (shown below). These prior marks pre-dated the PLATINUM LOGISTICS trade mark and covered the same (or similar) services.

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However, the Hearing Officer noted that ‘PLATINUM’ is ‘strongly allusive to the character or quality of the services’ (presumably as the term is potentially laudatory and used by at least two traders in the same field). As such, this element should be accorded less weight in any comparison of trade marks that contain it. In this matter, the prior registered marks upon which the opponent attempted to base its opposition also contained significant distinctive elements, including the Australia Post Logo and a Bird Device that rendered the prior marks distinguishable from the applicant’s trade mark.

As section 44 was the only ground pressed, and the Hearing Officer did not consider that the trade marks at issue were deceptively similar, the opposition failed.

To view the Office decision, click here.