NEAUVIA vs NIVEA: Not too similar!
- Aug 3, 2024
- 1 min read
Beiersdorf AG, the company who own the NIVEA trade mark opposed the trade mark application for the word NEAUVIA by Matex Lab. They claimed many grounds of opposition including that there was too much similarity between the words.
The question of similarity is answered with reference to an imperfect recollection, not a side-by-side comparison and real tangible danger of customer confusion about whether the two products come from the same source.
Additionally, it must be considered about the spoken description, the trading circumstances, character of customers and the purchasing scenario.
In this instance the Australian Trade Mark Office decided that NIVEA and NEAUVIA were not so similar that their use was likely to cause confusion. For this, and other reasons, the opposition by NIVEA failed.
When considering whether a new trade mark may be acceptable against existing trade marks, consider how a customer might recall the trade marks as well as the situation in which the purchase would be made.
Australian Trade Mark Office decision 10th April 2024
