Camper S.L. v Xiamen Xuchang Handiwork Co., Ltd

Camper S.L. (the opponent) opposed the registration of an Australian trade mark application (IRDA 980968, Australian application 1271984) by Xiamen Xuchang Handiwork Co., Ltd (the applicant). The opposition was heard by Deirdre O’Brien, Delegate of the Registrar of Trade Marks.

The primary legal issue before the Delegate was whether the applicant's proposed trade mark infringed section 52 of the *Trade Practices Act 1974* (Cth) (TPA) and section 42(b) of the *Trade Marks Act 1995* (Cth). Specifically, the Delegate considered whether the applicant's mark was likely to deceive or cause confusion as to the connection in the course of trade between the applicant's goods and the opponent's goods.

The Delegate found that while there might be a possibility that some individuals could question whether the respective goods originated from the same trade source, this was not sufficient to establish a contravention of section 52 of the TPA. Consequently, the opponent had not established the ground of opposition under section 42(b) of the *Trade Marks Act 1995*.

As none of the grounds of opposition were established, the Delegate ordered that protection could be extended to the trade mark application one month after the date of the decision, unless the Registrar was served with a notice of appeal. The opponent, being the unsuccessful party, was not awarded costs.