Foxtel Management Pty Limited v National Research Group, Inc

Foxtel Management Pty Limited ("Opponent") opposed the extension of protection for two International Registrations Designating Australia ("IRDAs") held by National Research Group, Inc ("Holder"). The oppositions concerned the trade marks OIQ (IRDA 1663726, trade mark 2273998) and ORIGINALS IQ (IRDA 1610260, trade mark 2272695), both relating to business monitoring, consulting, and data analysis services for streamed content. The matter was heard jointly by the Trade Marks Office.

The court was required to determine whether the grounds of opposition, specifically under sections 42(b), 44, and 60 of the *Trade Marks Act 1995* (Cth), were established for each IRDA. Regulation 17A.34N of the *Trade Marks Regulations 1995* (Cth) outlines the Registrar's decision-making process, requiring a decision to either refuse protection entirely or extend it in respect of some or all of the listed goods or services, having regard to the established grounds of opposition.

The court found that the Opponent had not established any grounds of opposition for IRDA 1663726 (trade mark 2273998). However, a ground of opposition under section 60 of the *Trade Marks Act 1995* was established for IRDA 1610260 (trade mark 2272695). Consequently, the court ordered that the extension of protection for IRDA 1663726 was to proceed one month from the decision date, subject to any appeal. Protection for IRDA 1610260 was refused. Given that both parties had achieved a measure of success and the evidence was substantially the same across both oppositions, the court declined to make an award of costs.