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Thursday, January 31, 2013

Delegate for a Day

By Daniel Wilson, Trade Marks Attorney
Just as beauty is in the eye of the beholder, deceptive similarity is, in theory, in the eye of the consumer. This makes determining the deceptive similarity of trade marks a challenging task, even for the experienced decision-makers at IP Australia.

In what will become a regular feature, Delegate for a Day will provide you the opportunity to put your deceptive similarity radar to the test. We will bring you examples of pairs of trade marks that have been considered by a Delegate of the Registrar of Trade Marks. All you need to do is compare the marks and then make your selection.

Click on the link below and, in the new page, select 'Yes' if you think the trade marks are deceptively similar or 'No' if you don't. Once you have made your selections click 'Done' to see the real life decisions.

Naturally, you won't have access to the evidence that was before the Delegate, so you should bear in mind the following points when making your decision:

  • Would you be potentially confused if confronted with both trade marks on similar goods or services?
  • Do you think both trade marks look alike?
  • Do you think that both trade marks may belong to the same owner?
  • Do you think that only someone being exceptionally careless or stupid would confuse the two trade marks?

Survey link:

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