Trade mark decision

BL Number
Decision date
5 January 2001
Hearing Officer
Mr S P Rowan
Second Skin Pty Limited
Spenco Medical Corporation
Section 5(2)


Section 5(2) - Opposition partially successful

Points Of Interest

  • 1. None


The opponents opposition was based on two registrations in Class 5 of the marks SECOND SKIN and 2ND SKIN. There was some use of the latter mark in respect of "Dressings for medical and surgical use" (now the restricted specification for the first mark). The applicants had use of their mark in relation to very specialised splints for use in improving functional abilities in people with neurological disorders. There had been no instances of confusion in the marketplace.

Under Section 5(2) the Hearing Officer noted that identical marks were at issue and that he had to compare notional and fair use of the goods covered by the respective specifications taking account of the range of goods likely to be produced and/or sold by firms in this area of trade. The Hearing Officer concluded that similar goods were at issue and thus there existed the likelihood of confusion of the public. However, in view of the specialised nature of the applicants current use, the Hearing Officer indicated that he would allow the application if the specification was restricted to "Individually prescribed tailor made splints ............ etc but not including elasticated bandages and elasticated socks".

Full decision O/004/01 PDF document29Kb