Big Screen Video Pty Ltd v Pyramid Circle Holdings Pty Ltd t/a LED Sign Supply  ATMO 16
Big Screen Video opposed the registration of the below trade mark applied for by Pyramid Circle Holdings for televisions in Class 9.
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The opponent pressed grounds pursuant to sections 42(b) (use contrary to law) and 60 (prior reputation). In its evidence the opponent was able to demonstrate use of both the plain word trade mark BIG SCREEN VIDEO, as well as a stylised version of that mark. However, the evidence led the Hearing Officer to determine that the level of use was ‘limited’ in terms of both range and duration.
Furthermore, the Hearing Officer noted that the words chosen for the opponent’s mark (and the applicant’s mark) have a low level of inherent distinctiveness and by adopting such marks there has been an acceptance of some risk that another trader would desire to, and indeed commence, use of a similar mark.
Overall, it was found that the opponent was not able to demonstrate that it held a reputation in its trade marks, such that consumer confusion between the two would be likely. Having failed under section 60, it followed that the use of the applied for trade mark would not be contrary to law, so the section 42(b) ground also failed.
The applicant’s mark is to proceed to registration.
To view the Office decision, click here.