Audi AG, v Auditel (UK) Ltd

This matter concerned an opposition proceeding before the Registrar of Trade Marks, brought by Audi AG (the Opponent) against an application by Auditel (UK) Ltd (the Applicant) to register a trade mark. The Opponent relied on a ground of opposition under section 44 of the *Trade Marks Act 1995* (Cth).

The central legal issue before the Registrar was whether the Opponent had established the ground of opposition relied upon, specifically under section 44 of the Act. This required the Registrar to determine if the Applicant's proposed trade mark was, by virtue of being identical or deceptively similar to an earlier trade mark, likely to cause confusion among the relevant public.

The Registrar's decision was guided by section 55 of the *Trade Marks Act 1995* (Cth), which mandates that the Registrar must decide to refuse or register a trade mark having regard to the extent to which any ground of opposition has been established. In this instance, the Registrar found that the Opponent had failed to establish the nominated ground of opposition. Consequently, the Registrar ordered that the trade mark could proceed to registration, subject to a one-month waiting period to allow for any potential appeal. The Registrar also awarded costs in favour of the Applicant, as the successful party, in accordance with the prescribed scale.