China Xiamen RGB Link Science & Technology Co v RGBLink Pty Ltd

China Xiamen RGB Link Science & Technology Co (the Opponent) opposed the registration of two trade mark applications by RGBLink Pty Ltd (the Applicant) for goods including LED screens and signs. The Opponent, a Chinese company, claimed to have used the "RGBlink" brand and a related logo for audio and video processing hardware and software since 2008, with its products being known globally and accessible via its website to Australian users since 2009. Evidence was presented of Australian companies purchasing and distributing the Opponent's products.

The primary legal issue before the Registrar of Trade Marks was whether the Opponent had established any of the grounds of opposition pleaded, which included sections relating to deceptive or misleading use, and the use of a trade mark that is identical or deceptively similar to a trade mark in relation to which an Australian applicant has acquired rights. The Opponent needed to prove at least one ground to succeed in its opposition.

The Registrar found that the Opponent had successfully established a ground of opposition under section 58 of the *Trade Marks Act 1995* (Cth). While the specific details of the section 58 ground were not elaborated upon in the provided text, the Registrar's reasoning indicated that the Opponent's prior use and reputation of the "RGBlink" brand were sufficient to prevent the Applicant's proposed registration. Consequently, the Applicant's trade mark applications were refused. The Opponent was awarded its costs.