Puma has been denied leave to appeal in an ongoing trademark battle with construction brand Caterpillar.
The Federal Court of Australia has refused the application and ordered an assessment of costs in lump sum.
The dispute dates back to October 2016, when Puma moved to trademark its 'PROCAT' brand to clothing, footwear and accessories.
Caterpillar opposed the application based on its various CAT trademarks across similar product categories.
Caterpillar was unsuccessful before the Delegate of the Registrar of Trade Marks but was successful on appeal before the primary judge.
While Puma argued that the primary judge made a number of errors in reaching his findings, the Full Court of The Federal Court was not satisfied that any such errors were made.
The primary judge concluded that Puma's PROCAT mark is deceptively similar to Caterpillar's CAT marks.
The Full Court concluded that: "the primary judge, having correctly identified the relevant legal principles, applied each to the facts found and in doing so did not overlook a relevant matter. Nor did he take into account an irrelevant matter in his assessment of the trade context and each of the circumstances relevant to the assessment of the hypothetical consumer."
This decision means that Puma's PROCAT application will be refused.