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Friday, December 5, 2014

Delegate for a day

by James Gonczi, Associate

A recent decision of a delegate of the Registrar of Trade Marks has piqued some interest around our office. The issue arose in the context of an opposition involving the following trade marks: 

The NISON application covered a variety of goods and services such as shop fittings, refrigerator compressors, refrigerators and refrigerator installations, kitchen furniture and kitchen units, and the installation of kitchens and catering equipment. The NIKON mark is registered for an extensive range of goods and services such as  machines and machine tools, cooking, refrigerating and ventilating apparatus, installation services and repair or maintenance services for cooking apparatus for industrial purposes.

Before we tell you what the delegate thought, we wanted to know what you think. 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. Try to keep the following questions in mind:

  • 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?

We'll let you know what the delegate's answer after the jump.

Delegate for a day survey link


  1. The actual goods/services applied for are relevant. You have posed the question stating 'on similar goods or services'. Let us have the goods/services so we can make an informed decision.

  2. Thanks for your comment. We've updated our post with the details.