Case: Bargain Health Food Supplies Pty Ltd -v- Aussia Australia Pty Ltd

Forum: IP Australia Trade Marks Hearings

Law: Trade Marks Act 1995

Actuate IP acts for Aussia Australia Pty Ltd ('Aussia') and successfully defends trade mark opposition proceedings brought by Bargain Health Food Supplies Pty Ltd ('Bargain').  

Aussia filed for the mark "Pacific All in One".  It was argued by Bargain that Aussia's mark was substantially identical or deceptively similar to its mark "Marine All in One".  Actuate IP provided submissions arguing that no such similarity was apparent.  

Aussia's mark was subsequently registered and an order for costs to be paid by Bargain.