Nesor Nominees Pty Ltd v Big Boy Restaurant Group LLC

Nesor Nominees Pty Ltd opposed the extension of protection for the trade mark "Cartoon Boy with Hamburger Device" (International Registration number 1503942) in class 43, held by Big Boy Restaurant Group, LLC. The opposition was brought under regulation 17A.33 of the *Trade Marks Regulations 1995* (Cth). The matter was heard by Tracey Berger.

The primary legal issue before the court was whether the applicant, Big Boy Restaurant Group, LLC, had established that it had a legitimate interest in the extension of protection of the trade mark. This required the court to consider the nature of the applicant's business and its connection to the trade mark.

The court found that the applicant had not demonstrated a legitimate interest in the extension of protection. The applicant's submissions did not establish a sufficient nexus between its current business activities and the trade mark in question, nor did they demonstrate a genuine intention to use the trade mark in a manner that would justify the extension of protection. Consequently, the opposition was upheld.