This is an Australian case (Instagram LLC v Instagoods Pty Ltd [2021] ATMO 53) where Instagram has successfully opposed the registration of “INSTADATE”. Instagram, known as the world-famous photo/video sharing and editing service, software application and social network, is also the owner of a number of trademarks with the prefix INSTA-.

The Delegate found that Instagram had acquired the requisite level of reputation and accepted that “INSTA” has come to be used as a reference to INSTAGRAM and activities or people associated with it. Therefore, it is likely that the INSTA prefix in INSTADATE will, at the very least, cause confusion amongst consumers as to the trade source of the goods and services provided under the mark.

This decision is a good reminder for businesses to be mindful of using prefix/suffix capable of indicating well-known trademarks in their branding strategy.