BING BOY IP PTY LTD V BING GO STREET FOOD [2016] ATMO 55 (28 JULY 2016)

Bing Go Street Food applied to register its BING GO Logo trade mark for restaurant services. The application was opposed by Bing Boy which owns a prior registration for BING BOY Logo and covers the same services (both of the marks at issue are shown below).

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To view the Office decision, click here.In the Hearing Officer’s view, the two trade marks convey similar ideas, share a common element (which the Hearing Officer understood to be the distinctive, dominant feature) and the use and registration of the BING GO Logo would be likely to result in contextual confusion with the prior BING BOY Logo mark.

This article is an extract from Spruson & Ferguson’s Asia-Pacific Regional Trade Mark Update. You can view the entire summary here.