101Domain, Inc v BB Online UK Ltd  ATMO 120
101Domain, Inc., opposed the Australian designation of BB Online UK’s below trade mark.
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The opponent was able to put on sufficient evidence of use of its trade mark since 1999 that the Hearing Officer found there to be sufficient reputation in the opponent’s trade mark to satisfy the first part of section 60. Given the degree of similarity between the respective trade marks, the Hearing Officer found that deception and confusion was likely to arise.
The opposition succeeded on section 60 and the designation is to be refused protection in Australia.
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