Deborah Brooks v Simone Peters

Deborah Brooks (the opponent) opposed the registration of a trade mark sought by Simone Peters (the applicant). The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth). The sole ground of opposition relied upon by the opponent was under section 41 of the Act. The decision was made by Anne Makrigiorgos.

The primary legal issue before the court was whether the opponent had established the ground of opposition under section 41 of the *Trade Marks Act 1995* (Cth). This section concerns the distinctiveness of a trade mark.

The court found that the opponent had not established the ground of opposition under section 41. Consequently, the opposition failed, and the applicant's trade mark was permitted to proceed to registration.