This is an appeal of a decision of the Registrar of Trade-marks (the Registrar) denying the opposition by International Stars to the registration of the trade-mark ZENERGY BY/PUR SIMON CHANGE & Design (the Mark) in association with sport clothing. International Stars alleged confusion between the Mark and its trade-mark ENERGIE for sport clothing.
The Court considered the test for distinctiveness and confusion, as well as the Registrar’s decision and reasons. The Court concluded that the Registrar made an error in law by conducting a side-by-side comparison of the two marks and finding that confusion is unlikely. The Court considered the evidence de novo, found a strong resemblance between the two marks and concluded that confusion is likely.
The Registrar’s decision was set aside and the Court directed the Registrar to refuse the application for the Mark.