Appeal from trademark refusal dismissed; no palpable and overriding error in Registrar's confusion analysis.
The applicant appealed a decision of the Registrar of Trademarks refusing its application to register the trademark TRIBAL CHOCOLATE for hair care products due to a likelihood of confusion with the registered mark TRIBAL.
The applicant argued the Registrar erred by not adequately considering the state of the register, a coexistence agreement between the parties, and the absence of actual confusion.
The Federal Court found no overriding and palpable error in the Registrar's confusion analysis and dismissed the appeal.
