EnviroTread – in the name of Envirowalk Pty Ltd.

This matter concerned an opposition to the registration of a trade mark, brought by Envirowalk Pty Ltd (the Opponent) against the Applicant, EnviroTread. The Opponent sought to prevent the registration of the trade mark on the grounds that its use would be likely to cause confusion, relying on section 60 of the *Trade Marks Act 1995* (Cth). The dispute was heard by Blake Knowles, a Delegate of the Registrar of Trade Marks.

The primary legal issue before the Delegate was whether the Opponent had established a reputation in a relevant trade mark in Australia as at the Relevant Date, such that the use of the Applicant's trade mark would be likely to deceive or cause confusion. The Opponent bore the burden of proving this ground on the balance of probabilities.

The Delegate considered evidence filed by both parties. The Opponent provided evidence of its use of the "EnviroTREAD" brand since at least August 2015, including case studies, brochures, product guides, videos, domain name registrations, and correspondence. However, the Delegate found this evidence insufficient to establish that the Opponent had acquired a reputation in a relevant trade mark in Australia by the Relevant Date. Consequently, the Delegate concluded that the ground of opposition under section 60 was not established.

As neither of the nominated grounds of opposition were established, the Delegate ordered that the trade mark proceed to registration one month from the date of the decision, unless a notice of appeal was served on the Registrar of Trade Marks within that period. The Applicant was awarded costs against the Opponent.