Finance and insurance business Allfin Brokering Services can register its trademark despite an objection by a company with a similar name.

The Australian Trade Marks Office has rejected Allfin Technology’s argument that Allfin Brokering broke the terms of a settlement the two companies reached in 2021 to allow them to coexist.

Allfin Technology is a Chinese-language investment research and think tank platform serving investors in Australia and internationally, says delegate Tracey Berger, who heard the matter.

Its content is distributed through major digital and social media platforms and is directed mainly to Chinese-speaking high net worth individuals, institutions and family offices.

Allfin Brokering started business in 2010 and between 2013 and 2022 operated as Allfin Pty Ltd, specialising in financial and insurance broking services.

When company founder Mark Churchill adopted the Allfin brand in 2013, he used the words ALLFIN and Allfin Financial Services, registering those trademarks in 2019.

That year, before either party owned Australian registrations for their trademarks, Allfin Financial sent a “cease and desist” letter to Allfin Technology requiring it to stop using the name.

Allfin Technology then opposed Allfin Financial’s trademark application.

This led to a settlement and co-existence agreement in 2021, which allowed them both to register their marks.

Allfin Technology later objected to Allfin Financial’s application, in the name Allfin Brokering Services, saying it contained additions or alterations not covered by the agreement.

Allfin Financial countered it was the first user in Australia of the Allfin trademark, and Allfin Technology could not object to a “stylistic update” in its application.

Ms Berger says the companies’ trademarks are “deceptively similar” and cover similar services, but she accepts Allfin Financial’s argument that “other circumstances” allowed under the Trade Marks Act justify registration of its mark.

She says Allfin Financial owned and adopted ALLFIN in Australia before Allfin Technology, and Allfin Technology was able to register its marks only with the consent of Allfin under the agreement.

The word ALLFIN is the essential feature of the trademark and the additional stylisation does not enlarge the monopoly Allfin Financial has over the word, she says.

Although the act allows an application to be rejected when another party already has a business reputation, she says Allfin Technology has not proven this was the case.

See the ruling here.