Realcover (stylised) not deceptively similar to REAL INSURANCE

Real Estate Institute NSW Ltd v Hollard Insurance Company Pty Ltd [2017] ATMO 15 (22 February 2017)

Application for removal (for non-use) of mark depicted below which was registered in respect of various services including advertising and insurance.

realcover

Removal opponent also sought registration of the mark depicted below in relation to advertising, insurance etc services.  Removal applicant opposed registration of this mark pursuant to ss 42, 44, 58, 59 and 60.

realcover-2

Non-use application unsuccessful in relation to Class 36 (insurance, real estate affairs) but successful in relation to Class 35 (advertising etc).

(The removal opponent conceded on Class 35 prior to the hearing).

Opposition to registration unsuccessful – mark to proceed to registration.

Marks relied upon by the Opponent included REAL INSURANCE, REALSURE and the mark depicted below which were all registered in relation to various services associated with insurance.

real.jpg

Hearing officer considered that none of these marks was substantially identical with or deceptively similar to the mark applied for.

Grounds based on ss 42(b), 58, 59 and 60 also failed.

 

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