Next Retail Limited & Next Group Plc v Cubic Transportation Systems Limited [2015] ATMO 43 (29 May 2015)

Next Retail opposed the extensions of protection of the trade marks NEXTACCOUNT and NEXTACCOUNT Logo (shown below) owned by Cubic Transportation in Australia in relation to computer hardware and software.

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The opponent pressed grounds pursuant to sections 44 and 60 relying on its NEXT trade marks.

On section 44, the Hearing Officer noted that the additional elements ‘account’ and the double triangle devices were sufficient to render confusion between the respective trade marks unlikely.

The evidence led by the opponent was mainly in relation to its clothing and homewares goods, which the Hearing Officer noted was likely sufficient for there to be a reputation in the opponent’s NEXT trade mark. However, this reputation was not so large that it would extend to computer hardware and software goods and lead to consumer deception or confusion.

Accordingly, the opposition was dismissed.