KIMBERLEY-CLARK WORLDWIDE INC. V THE REJECT SHOP LIMITED  ATMO 2
Kimberley-Clark, the owner of the well-known KLEENEX brand of products, opposed the registration of the below KLEENZ Logo in respect of cleaning agents for the hands.
The opponent’s evidence demonstrated the expansion of the KLEENEX brand in Australia since 1951, including use in relation to the same goods as those covered under the application, and what the Hearing Officer described as “very substantial” sales and advertising figures.
Noting the reputation that is implied from the opponent’s evidence and that the applied for mark prominently features the element ‘Kleenz’ which, in the Hearing Officer’s view, has a ‘significant visual resemblance’ to the opponent’s trade mark, the Hearing Officer found that there was a likelihood of deception or confusion arising between the respective trade marks.
The section 60 case was made out and the applied for mark refused registration.
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