Natural Supplementary Association, Incorporated v Body for Life International Pty Ltd

This matter concerned an opposition by Body for Life International Pty Ltd (the opponent) to the registration of the trade mark "body for life personal training" (Application No. 885323) by Natural Supplementary Association, Incorporated (the applicant). The hearing officer, Jock McDonagh, considered the evidence filed by the opponent, which largely focused on the reputation of its own "body for life" trade mark.

The primary legal issue before the hearing officer was whether the applicant's proposed trade mark should be refused registration under section 60 of the *Trade Marks Act 1995* (Cth) due to the opponent's prior use and reputation in its "body for life" trade mark. The opponent contended that its trade mark had acquired significant international and Australian recognition through the publication of a best-selling book, a physique transformation challenge, and its use on various health products and merchandise.

The hearing officer found that the opponent had clearly established the ground of opposition under section 60. The evidence demonstrated extensive use and promotion of the "body for life" trade mark in Australia prior to the priority date of the applicant's application. This included sales of the book, promotion of the challenge, and use on associated products and merchandise, supported by significant advertising expenditure. The hearing officer concluded that the opponent's trade mark had acquired a sufficient reputation in Australia to warrant the refusal of the applicant's application.

Consequently, the hearing officer refused to register the applicant's trade mark pursuant to section 55 of the *Trade Marks Act 1995*. The opponent was awarded its costs against the applicant.