This case concerned and opposition to an application to register the below mark in respect of class 14 jewellery related items:

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The opponent’s mark was used in relation to the highly circulated fashion magazine, Harper’s Bazaar.

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The opposition was based on several grounds, however section 60 was made out for the following reasons (and as such there was no need to discuss the other grounds of opposition). Section 60 of the Trade Marks Act provides that an application may be refused for its similarity to a trade mark that has acquired a reputation in Australia.

No appearance or submission was made by the trade mark applicant.

The Delegate of the Registrar referred to the evidence and stated that:

  • the opponent’s magazine is the most widely circulated fashion magazine in Australia;
  • the opponent, through the use of its mark, had sponsored many high profile jewellery related events; and
  • that in comparing the two marks, there was a clear similarity that would lead to a deception and confusion.

The registration of the mark was refused.

To view the Office decision, click here.