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Wow! Travel operates a travel agency business and has done so since 2003. It owns the registered word mark WOW in class 39 for advisory services relating to travel; travel consultancy; travel tours and cruises.
Wow Tours provides staff-supported specific holidays and/or tours for people with disabilities and has operated since 2011. In 2017, Wow Tours’ below mark was advertised for acceptance.
Wow! Travel opposed the trade mark application claiming the trade mark incorporated their WOW trade mark in it and was for identical services.
The Delegate refused registration of the Wow Tours mark on the grounds that:
Including additional words or devices might be insufficient to distinguish a mark from a similar trade mark where the central and dominant part of the marks are the same.