What protection are composite trademarks given?

Pink Energy Beverages Pty Ltd v Mr Pink Collections LLC [2016] 119 IPR 476

When trademarks are registered, often both words and a visual logo are included.

The Registrar of Trade Marks recently held that an application by Mr Pink Collections LLC for extension of trademark protection was unsuccessful. In doing so, they made some relevant comments on composite trademarks.

The application involved Mr Pink’s ginseng drink that was considered an alternative to mainstream energy drinks, and Pink Energy’s energy drink. Both sold cans of the same size, in similar colours, and with the word ‘pink’ in the same orientation and similar prominence on the packaging.

Pink Energy made opposition under s 44 Trade Marks Act 1995, alleging that when the entirety of the two trademarks were considered, Mr Pink’s trademark was deceptively similar to Pink Energy’s. […]