HEALTH BOUTIQUE PTY LTD V BOOM IDEAS PTY LTD [2015] ATMO 104

This matter concerned the opposition by Health Boutique to the registration of the below trade mark by Boom Ideas covering teas in Class 5 and 30.

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The opponent sought to rely on the four below prior registrations under section 44. Each of these prior registrations covered the same goods as the applicant’s mark.

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hen comparing the respective trade marks, the Hearing Officer noted that ‘Skinny Tea’ more than likely referred to a tea product that made the drinker ‘skinny’. Given that this element is, at least, partially descriptive and is the only common element across the respective trade marks, the Hearing Officer found the marks not so similar as to fall foul of section 44.

On section 60, the opponent was not able to submit sufficient evidence of its use to demonstrate any reputation that would trigger further consideration under section 60.

The opposition failed on all grounds.

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