GUCCIO GUCCI SPA V GUESS?, INC [2015] ATMO 71 (11 AUGUST 2015)

Guess’ Australian designations (one covering Class 9 and the other Class 18) of its International Registration for GG Device (below) was opposed by Gucci.

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Gucci led evidence of its ‘high volume of sales together with substantial advertising expenditures and other promotions’ of its trade mark (below) from which the Hearing Officer was able to infer that Gucci held a reputation in Australia sufficient to trigger section 60.

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The Hearing Officer noted that it was apparent that the respective trade marks share ‘very similar’ design features; reversed and inverted GG in similar geometric patterns. Given the degree of similarity, the Hearing Officer considered it likely that consumer depiction or confusion between the trade marks would be likely.

Accordingly, the opposition was successful under section 60 and the Australian designations were refused.

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