Gabriel Gewargis, owner of Prestons based retail store 'The
BBQ Store Pty Ltd', was recently unsuccessful in opposing the
registration of a trade mark by a competitor that included the
words 'TheBBQStore'. Mr Gewargis opposed the mark on the
grounds that he was already the legal owner of that trade mark, and
that the mark was so similar to his brand that it would be likely
to deceive or confuse consumers into thinking the companies are
somehow related. Details of the competing marks are set out
below:
Trademark applicant: Plantation
Outdoor Kitchens Pty Ltd Trade Mark |
Opponent: The BBQ Store Pty
Ltd |
 |
 |
The Australian Trade Marks Office (ATMO) reviewed the claim,
ruling in favour of Plantation Outdoor Kitchens Pty Ltd. The ATMO
reasoned that when the marks were compared side by side, various
differences made them distinguishable, and that if these
differences were ignored all that was left was the phrase 'The
BBQ Store' - which is merely
