Block Super Pty Ltd v Trampoline CB Pty Ltd

Block Super Pty Ltd (the opponent) opposed the registration of a trade mark by Trampoline CB Pty Ltd (the applicant) under section 52 of the *Trade Marks Act 1995* (Cth). The opposition was based on several grounds, including sections 41, 42(b), 43, 44, 58, 59, and 62A of the Act. The decision was made by Tracey Berger.

The primary legal issue before the court was whether the applicant's proposed trade mark should be registered, given the opponent's objections. Specifically, the court had to determine if the grounds of opposition, particularly section 62A, were made out, which would preclude registration.

The court found that the ground under section 62A of the *Trade Marks Act 1995* (Cth) was established. This section deals with the registration of a trade mark that is identical or deceptively similar to a trade mark that has been used by another person in Australia, and where the applicant for registration was aware of that use. The court's reasoning, though not detailed in the provided text, led to the conclusion that the applicant's proposed mark infringed upon the rights protected by section 62A.

Consequently, the court refused the registration of the applicant's trade mark.