In On Clouds GmbH v Cyclonic, Inc [2026] FCA 647, the Federal Court of Australia upheld an appeal from a delegate of the Registrar of Trademarks who had rejected On Clouds opposition to the the registration of the trade mark “CYCLONIC.”
On Clouds, a running shoe brand, is the owner of the “CYCLON” registered mark. Cyclonic sells sustainable footwear.
The Delegate had concluded that “CYCLONIC” was neither substantially identical with, nor deceptively similar to, “CYCLON.” Moreover, the Delegate was “not satisfied that a total impression of resemblance emerges from a side by side comparison of the trade marks.”
Upholding the appeal, Lenehan J focused on “the imperfect recollection of the notional consumer” and held that “the combined visual similarity, significant aural similarity, and shared association with the idea of a cyclone give rise to a real, tangible risk that the notional consumer shopping for clothes online or at physical clothes stores will be caused to wonder whether the marks originate from the same source.”
Benjamin Cameron appeared for the Appellant, instructed by Norton Rose Fulbright.