Australian Brands Alliance wins battle for St MRLO

Australian Brands Alliance has succeeded in a trademark battle over its St MRLO brand.

In proceedings brought by Rochelle Dale Morris-Starr, the opponent nominated the ‘Saint Marlo’ trademark as the ground of opposition.

Morris-Starr submitted that the trade marks are substantially identical because they are comprised of the same essential features, namely ‘SAINT’ and ‘MARLO’.

In a decision handed down by Delegate of the Registrar of Trade Marks Katrina Brown, the two trademarks were not deemed identical.

“I agree with the opponent to the extent that ‘ST.’ and ‘SAINT’ are essentially interchangeable and if that were the only difference, I would be inclined to find the trade marks to be substantially identical.

“However, I do not agree with the Opponent’s submission that ‘MARLO’ can be characterised as an essential feature of the trade mark.

“The trade mark does not contain the word ‘MARLO’, rather it contains ‘MRLO’.

“Whilst there may only be a difference of one letter, the removal of that letter effectively transforms a known word (MARLO) into a string of individual letters of the alphabet (MRLO).”

Brown ruled the opponent did not establish grounds of opposition and awarded costs against them.

Australian Brands Alliance (ABA Labels) operates a number of fashion brands including Calli, Tussah, Chancery, The Fated, BWLDR, Willa, Reux, St MRLO and Savel.