Chongqing Qiulong Technology Co Ltd v AE-BIKES Pty Ltd

Chongqing Qiulong Technology Co Ltd (the Applicant) sought to register a trade mark, while AE-BIKES Pty Ltd (the Opponent) opposed this application. The dispute concerned the registrability of the Applicant's trade mark, with the Opponent raising several grounds for opposition under the *Trade Marks Act 1995* (Cth). The decision was made by Benjamin Goldsworthy.

The primary legal issue before the court was whether any of the grounds of opposition raised by AE-BIKES Pty Ltd were established, thereby preventing the registration of Chongqing Qiulong Technology Co Ltd's trade mark. Specifically, the court considered grounds including deceptive similarity with an earlier registered trade mark, the potential for confusion, and whether the Applicant's mark was otherwise disentitled to registration.

The court found that the Opponent had successfully established the ground of opposition under section 44 of the *Trade Marks Act 1995* (Cth). This section relates to opposition based on an earlier registered trade mark being deceptively similar and in respect of similar goods or services. The court determined that the conditions for section 44 were met, and importantly, that the exception provided by section 44(4) was not established by the Applicant.

Consequently, the court refused to register the trade mark application made by Chongqing Qiulong Technology Co Ltd. In accordance with the general principle that costs follow the event, the court awarded costs against the Applicant in favour of the Opponent, as detailed in schedule 8 to the Regulations.