Mattel, Inc. v Shanghai Bloks Technology Group Co., Ltd

This matter concerned an opposition by Mattel, Inc. to the extension of protection of an international trade mark registration to Australia, sought by Shanghai Bloks Technology Group Co., Ltd. The opposition was brought under regulation 17A.33 of the *Trade Marks Regulations 1995* (Cth), and relied on grounds including sections 42(b), 44, 60, and 62A of the *Trade Marks Act 1995* (Cth).

The primary legal issues before the delegate of the Registrar of Trade Marks were whether the opponent, Mattel, Inc., had established grounds for opposition under the cited sections of the Act, particularly concerning the potential for deception or confusion, the identity or similarity of the trade marks and goods/services, and whether the applicant had a legitimate intention to use the mark.

The delegate found that the ground of opposition under section 44 of the Act was partially established, indicating that the applicant's trade mark was identical or deceptively similar to an earlier trade mark relied upon by the opponent for certain goods and services. However, the delegate did not find sufficient grounds to uphold the opposition in its entirety, nor were the grounds under sections 42(b), 60, or 62A established to the extent required to refuse the extension of protection.

Consequently, the delegate ordered that the extension of protection for the international trade mark registration be granted, but only in respect of a subset of the goods and services for which it was originally sought, reflecting the partial success of the opposition under section 44.