Executor of the Estate of Francisco D Coll Monge v Inner Peace Movement Pty Ltd

The Executor of the Estate of Francisco D Coll Monge (the applicant) sought to register two trade marks, "Inner Peace Movement" and "Peace Community Church". Inner Peace Movement Pty Ltd (the opponent) opposed these applications. The proceedings were heard by Hearing Officer Heath Wilson.

The court was required to determine whether the opponent had established any of the nominated grounds of opposition, specifically sections 41, 43, 58, or 60 of the *Trade Marks Act 1995* (Cth). The opponent bore the onus of proving these grounds on the balance of probabilities.

The Hearing Officer found that the opponent had not discharged its onus in relation to any of the grounds of opposition. Regarding section 41, the opponent failed to provide sufficient evidence to establish that other traders would likely need to use the expressions "Inner Peace Movement" and "Peace Community Church" in the ordinary course of their business without improper motive. Furthermore, the opponent did not establish the requisite reputation of its trade marks in Australia as at 11 March 2005, meaning the use of the opposed applications would not be likely to deceive or cause confusion, and therefore section 60 was not established.

Consequently, both oppositions were unsuccessful. The Hearing Officer directed that the trade mark applications could proceed to registration, subject to a stay if a notice of appeal was filed. The applicant was awarded costs against the opponent.