02 February 2026
Two recent Australian Trade Marks Office (ATMO) decisions provide useful guidance for brand owners on bad faith applications and how far trade mark similarity arguments will really stretch.
Bad faith filings continue to be shut down
In Glittery Craft Limited v Xiang Chen [2026] ATMO 8, the Trade Marks Office refused registration of GLITTERY GARDEN for computer accessories, finding the application had been filed in bad faith.
Key points:
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The opponent had used the GLITTERY GARDEN brand overseas since 2019 and in Australia via Amazon from 2023.
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The applicant had a pattern of filing multiple trade marks that were opposed or abandoned.
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The applicant failed to provide evidence explaining its conduct.
The Delegate accepted that this history, combined with the lack of explanation, supported a finding of bad faith, even for goods that were not identical. The application was refused in full, with costs awarded against the applicant.
Takeaway: Filing trade marks you don’t genuinely own or intend to use is increasingly risky. IP Australia is actively scrutinising repeat or opportunistic filers.
Similar names don’t automatically mean infringement
In contrast, Norwex Malta Limited v Vargas Marcas E Participacoes Ltda [2026] ATMO 9 shows the limits of similarity arguments.
Despite Norwex’s long-standing reputation, the Trade Marks Office found that NOVEX HAIR CARE was not deceptively similar to NORWEX, even though both operated in overlapping goods and services.
The Delegate found:
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The marks looked and sounded different overall.
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The addition of “HAIR CARE” materially changed pronunciation and impression.
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Norwex failed to prove a sufficient reputation in personal care products (as opposed to household cleaning goods).
The opposition failed and the NOVEX HAIR CARE mark proceeded to registration, with costs awarded against Norwex.
Takeaway: Reputation must be proven in the specific goods and services relied upon. Brand owners can’t rely on broad fame alone.
What this means for your business
These decisions reinforce that:
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Bad faith filings are increasingly vulnerable, particularly where there is a pattern of conduct.
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Similarity is assessed holistically, not mechanically.
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Reputation evidence must be targeted, current, and category-specific.
Trade mark strategy is not just about names — it’s about evidence, conduct, and commercial reality.
Next steps
If you are:
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opposing a trade mark application,
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defending your brand against copycats, or
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planning a new brand launch,
early strategic advice matters.
Speak with IP Solved to assess trade mark risk, opposition prospects, and brand protection strategy before costs escalate.
