Luke John Edwards v Macro Investments Pty Ltd

In this matter before the Delegate of the Registrar of Trade Marks, Luke John Edwards (the Applicant) sought to register trade mark application number 2257659, while Macro Investments Pty Ltd (the Opponent) opposed the registration. The dispute concerned whether the proposed trade mark should be registered, with the Opponent raising several grounds of opposition under the *Trade Marks Act 1995* (Cth).

The primary legal issues before the Delegate were whether the grounds of opposition under sections 42(b), 43, 44, 60, and 62A of the *Trade Marks Act 1995* (Cth) had been established. Specifically, the Delegate was required to determine if the trade mark, if used in relation to the Applicant's services, was likely to deceive or cause confusion, or if any other grounds for opposition were made out.

The Delegate found that the Opponent had failed to establish any of the nominated grounds of opposition. In particular, regarding section 43, the Delegate was not satisfied that the trade mark, as proposed to be used, carried an apparent connotation likely to result in deception or confusion. Consequently, the Delegate ordered that trade mark application number 2257659 may proceed to registration, subject to a stay of one month unless an appeal is filed. The Applicant was awarded costs against the Opponent.