Janford Pty Limited v Anna Cohen and Amanda Frawley

Janford Pty Limited (the applicant) sought to register the trade mark "ANNA COHEN" in relation to clothing and related goods. Anna Cohen and Amanda Frawley (the opponents) opposed this application. The matter came before Benjamin Goldsworthy, sitting as delegate of the Registrar of Trade Marks.

The opponents raised several grounds of opposition under the *Trade Marks Act 1995* (Cth), including claims that the trade mark was not distinctive, was likely to deceive or cause confusion, and that the applicant was not the owner of the mark. Specifically, the opponents relied on sections 42(b), 43, 44, 58, 58A, and 60 of the Act.

The delegate considered each ground of opposition. In relation to section 43, the delegate found that the opponents had not established that the mark was likely to deceive or cause confusion. The delegate also found that the opponents had not established the grounds under sections 42(b), 44, 58, 58A, or 60. The delegate concluded that none of the grounds of opposition were established.

Accordingly, the delegate ordered that the opposition be dismissed and that the trade mark proceed to registration.