MyMoney Pty LTd v Curly Girl Numbers Pty Ltd

MyMoney Pty Ltd (the opponent) opposed the registration of a trade mark sought by Curly Girl Numbers Pty Ltd (the applicant) under section 52 of the *Trade Marks Act 1995* (Cth). The opposition was heard by Tracey Berger J in the Federal Court of Australia.

The court was required to determine whether the opponent had established any of the grounds for opposition pleaded, specifically those arising under sections 42(b), 43, 44, and 60 of the *Trade Marks Act 1995* (Cth). These grounds relate to whether the trade mark is capable of distinguishing, whether it is deceptive or misleading, whether it is substantially identical or deceptively similar to an earlier trade mark, and whether it is disentitled to protection in a court of justice by reason of its use or intended use.

Tracey Berger J found that the opponent had failed to establish any of the grounds of opposition. The court's reasoning focused on the evidence presented by both parties in relation to each pleaded ground. Ultimately, the court concluded that the applicant's trade mark met the requirements for registration.

The opposition was dismissed, and the trade mark was permitted to proceed to registration.