INTELLECTUAL PROPERTY LAW

4 cases · September 2025 to April 2026

Case Volume by Year

3
25
1
26
2025–2026

Key Issues & Sub-Topics

Trademark Opposition and Registration — Evaluation of the likelihood of confusion between trademarks — Plaintiff is the owner of a well-known trademarks of “ZARA” and “ZARA HOME” — Defendant applied to register trademarks of “Zaira” and “House of Zaira” in classes 16 and 35— Plaintiff's opposition to the registration was dismissed by the Registrar — Determination of whether marks are confusingly similar — Consideration of the impact of disclaimers in trademarks — Applicability of side-by-side and imperfect recollection tests — Court allowed the originating summons and set aside the Registrar's decision — Trademarks Act 1976 2 Trade Mark — Registered trade mark — Invalidation — Application for — Whether plaintiffs’ application for invalidation could be sustained — Whether plaintiff is an aggrieved person — Whether the Defendant's Registration ought to be revoked for non-use — Whether the defendant’s trademark is likely to deceive or cause confusion to the public — Defendant’s trademark is visually and conceptually similar to the plaintiff’s mark — Likelihood of confusion among consumers established — The defendant’s trademark registration was invalidated and ordered to be removed from the Register — Sections 23, 24, 46 and 47 Trademarks Act 2019 1 Trademark Opposition and Registration — Evaluation of the likelihood of confusion between trademarks — Plaintiff has cultivated a distinctive “Mc/Mac” family of marks — Defendant applied to register trademark of the mark “MC CURRY” in Class 29 — Plaintiff's opposition to the registration was dismissed by the Registrar — Determination of whether marks are confusingly similar — whether the goods are of such a nature that the public could reasonably believe they originate from the same source — Applicability of the "Family of Marks" Doctrine — Court allowed the originating summons and set aside the Registrar's decision — sections 14(1)(a), 14(1)(d), 19(1)(b), and 25(1) of the Trademarks Act 1976 1

Trademark Opposition and Registration — Evaluation of the likelihood of confusion between trademarks — Plaintiff is the owner of a well-known trademarks of “ZARA” and “ZARA HOME” — Defendant applied to register trademarks of “Zaira” and “House of Zaira” in classes 16 and 35— Plaintiff's opposition to the registration was dismissed by the Registrar — Determination of whether marks are confusingly similar — Consideration of the impact of disclaimers in trademarks — Applicability of side-by-side and imperfect recollection tests — Court allowed the originating summons and set aside the Registrar's decision — Trademarks Act 1976 2 cases

Trade Mark — Registered trade mark — Invalidation — Application for — Whether plaintiffs’ application for invalidation could be sustained — Whether plaintiff is an aggrieved person — Whether the Defendant's Registration ought to be revoked for non-use — Whether the defendant’s trademark is likely to deceive or cause confusion to the public — Defendant’s trademark is visually and conceptually similar to the plaintiff’s mark — Likelihood of confusion among consumers established — The defendant’s trademark registration was invalidated and ordered to be removed from the Register — Sections 23, 24, 46 and 47 Trademarks Act 2019 1 case

Trademark Opposition and Registration — Evaluation of the likelihood of confusion between trademarks — Plaintiff has cultivated a distinctive “Mc/Mac” family of marks — Defendant applied to register trademark of the mark “MC CURRY” in Class 29 — Plaintiff's opposition to the registration was dismissed by the Registrar — Determination of whether marks are confusingly similar — whether the goods are of such a nature that the public could reasonably believe they originate from the same source — Applicability of the "Family of Marks" Doctrine — Court allowed the originating summons and set aside the Registrar's decision — sections 14(1)(a), 14(1)(d), 19(1)(b), and 25(1) of the Trademarks Act 1976 1 case

Key Statutes

Rules of Court 2012
cited in 1 case

Court Distribution

Key People & Firms

Cases