Andrew Scott v The Line II Pty Ltd

This matter concerned an opposition by Andrew Scott (the Opponent) to the registration of a trade mark by The Line II Pty Ltd (the Applicant). The Opponent sought to oppose the registration on grounds including those under section 58 of the *Trade Marks Act 1995* (Cth). The hearing officer, Blake Knowles, was required to determine whether the Opponent had established its grounds for opposition.

The primary legal issue before the court was whether the Opponent had established the ground of opposition under section 58 of the *Trade Marks Act 1995* (Cth). This required the court to assess whether the Opponent's use of its trade mark, SIGNIFICANT OTHER, prior to the relevant date, was for goods or services of the "same kind of thing" as those for which the Applicant sought to register its trade mark.

The court found that the Opponent had not established the ground of opposition under section 58. The Opponent's evidence demonstrated use of the SIGNIFICANT OTHER trade mark in relation to the retail of clothing, footwear, headgear, and accessories since 2018. However, the court concluded that this use was not for goods or services of the "same kind of thing" as those covered by the Applicant's trade mark application. Consequently, the Opponent failed to establish the nominated ground of opposition.

The trade mark application was permitted to proceed to registration, subject to a one-month waiting period from the date of the decision, unless an appeal was filed. The Opponent was ordered to pay the Applicant's costs.