SMARTCHANNEL PTY LTD V ZHICHENG CHEN [2016] ATMO 2

Smartchannel opposed the registration of the trade mark GENTRAX by Zhicheng Cheng in relation to generators in Class 7.

The opposition was based on the opponent’s prior use of the trade mark GENTRAX in Australia in relation to goods that were found to be, at least, similar to those covered under the applicant’s trade mark.

The applicant’s evidence included some use of its GENTRAX trade mark, but this use was after the date of first use shown by the opponent. As such, the opposition was successful and the GENTRAX application denied registration.

To view the Office decision, click here.

This article is an extract from Spruson & Ferguson’s monthly summary of Australian Trade Mark Office decisions. You can view the entire month’s summary here.