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ARTICLE · 08 DECEMBER 2008

Google Keeps Competition At Bay

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Google, Inc (Google) has successfully opposed an application for registration of the GOOGLEBAY mark in the name of Dmitri Rystk (Rystk), covering consumer market information services in Class 35.

AustraliaIntellectual Property
Tim Clarke
Tim Clarke
Sean McManis
Sean McManis
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Google, Inc (Google) has successfully opposed an application for registration of the GOOGLEBAY mark in the name of Dmitri Rystk (Rystk), covering consumer market information services in Class 35.

To succeed on the ground of opposition based on its GOOGLE registrations, Google needed to establish that at least one of its registrations covers similar services or closely related goods to consumer market information services, and that the marks GOOGLE and GOOGLEBAY are deceptively similar.

The Registrar's delegate took the view that consumer market information services is a broad claim, which conceivably covers advertising services, and therefore found that it covered services similar to services in Google's registration 1049124, which includes dissemination of advertising for others via the Internet.

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