PINK ENERGY BEVERAGES PTY LTD V MR. PINK COLLECTIONS, LLC. [2016] ATMO 20

Pink Energy Beverages opposed the registration of the trade mark MR PINK filed by Mr. Pink Collections in relation to energy drinks in Class 32.

The opponent relied on its prior registration for the below PINK Logo trade mark that pre-dated the application for MR PINK and covered the same goods.

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The Hearing Officer noted that PINK was held visual prominence in both of the respective trade marks and, despite evidence from the applicant to support its argument that there are numerous other ‘PINK’ formative trade marks on the Register, it was found that there is a likelihood of confusion between the trade marks sufficient for section 44 to apply.

Having established that the section 44 ground had been made out, the Hearing Officer considered the opponent’s evidence of honest concurrent use, but was unable to apply those provisions as the opponent’s first use was only after its filing date (the date at which the matter is to be assessed).

Accordingly, the opposition was successful and the applicant’s trade mark refused registration.

To view the Office decision, click here.