NABs reputation takes it over the bridge

In the Registrar's decision of National Australia Bank Limited [2020] ATMO 41 (19 March 2020), National Australia Bank ("NAB") has successfully relied upon the their significant reputation in Australia to overcome citations of prior rights and secure acceptance of the composite logo mark ("NAB Logo mark") shown below. The Registrar followed the previous decision of the Full Federal Court in Registrar of Trade Marks v Woolworths [1999] FCA 1020, which held that in certain circumstances, an applicant's reputation may be considered as a "surrounding circumstance" when determining whether two marks should be regarded as "deceptively similar".

NAB applied to register the NAB Logo mark for a wide range of goods and services. The Examiner raised an objection against this mark under Section 44, on the basis that it was too similar to four earlier registrations and covered the same or similar goods and services. Each of the earlier cited registrations were comprised