Case Note: Sensis Pty Ltd v Senses Direct Mail and Fulfillment Pty Ltd [2019] FCA 719

Background

The parties to this case are:

• Sensis Pty Ltd ("the Applicant"), who are a direct marketing and data processing business in Australia, and who is the registered owner of the following Australian Trade Marks ("the Sensis marks"):

• 

• Senses Direct Mail and Fulfillment Pty Ltd ("the Respondent") who provides direct mail services under or by reference to one or more of the following marks ("the Senses marks"):
• • SENSES DIRECT
  • SENSES DATA
  • 
  • 

In February 2016, the Respondent applied to register the following trade mark for a range of services including marketing services and business marketing consulting in Class 35:

The Applicant alleges that the SENSES marks are deceptively similar to the SENSIS mark, and that by using the SENSES marks, the Respondent has infringed the Applicants rights under s120(1) of the Trade Marks Act 1995 (Cth)