Acaci Pty Ltd v UBreakIFix, Co

Acaci Pty Ltd (the opponent) opposed the registration of a trade mark application by UBreakIFix, Co (the applicant) under section 52 of the *Trade Marks Act 1995* (Cth). The opposition was heard by Sheona Robertson.

The primary legal issue before the court was whether the opponent had established grounds for opposition under section 62A of the *Trade Marks Act 1995* (Cth). This section allows for opposition where the applicant is not the owner of the trade mark and intends to assign it to a third party.

The court found that the opponent had not discharged the onus of proving that the applicant was not the owner of the trade mark or that the applicant intended to assign the trade mark to a third party. Consequently, the grounds for opposition under section 62A were not established. The court therefore ordered that the trade mark application proceed to registration.