Awareness of the mark in NZ has to be taken as at the time of application for registration. Found that at June 1990 Opponent has not established an international reputation in relation to its mark. Held Evidential onus on opponent to show that the mark relied on is known to a substantial number of persons. Once discharged, onus is on the applicant to show no deception or confusion.
Relevant date is date of application.
The applicants trade mark may proceed to registration. 2 NZLR 395 Sporoptic Pouilloux SA v Arnet Optic Illusions Inc .