Michael Farlam v Ozsale Pty Limited

Michael Farlam (the opponent) opposed the registration of a trade mark by Ozsale Pty Limited (the applicant) under section 52 of the *Trade Marks Act 1995* (Cth). The opponent sought to prevent the registration of the applicant's proposed trade mark, arguing it should not proceed to registration.

The primary legal issues before the court were whether the proposed trade mark was disentitled to registration under sections 41, 42(b), and 43 of the *Trade Marks Act 1995* (Cth). Specifically, the court considered whether the mark was capable of distinguishing the applicant's goods or services, whether it was deceptive or confusing, and whether it was otherwise disentitled to registration on grounds of misrepresentation.

The court found that none of the grounds for opposition under sections 41, 42(b), or 43 were established. The court's reasoning, as delivered by Robert Wilson, concluded that the applicant's trade mark was not disentitled to registration on the bases argued by the opponent. Consequently, the opposition was dismissed, and the trade marks were permitted to proceed to registration.