Niroshan Sivathasan vLinda Monshizadeh

This matter concerned an opposition filed by Linda Monshizadeh against the registration of a trade mark by Niroshan Sivathasan. The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth).

The primary legal issues before the Court were whether the applicant's trade mark should be refused registration on the grounds of being deceptive or misleading (section 43), whether it was substantially identical or deceptively similar to an earlier trade mark (section 60), whether the applicant had an intention to use the trade mark (section 58A), whether the trade mark was capable of distinguishing goods or services (section 58), and whether the registration would be likely to cause confusion (section 62A).

Her Honour Justice Tracey Berger found that the opponent had failed to establish any of the grounds for opposition. Specifically, the Court determined that the trade mark was not deceptive or misleading, nor was it substantially identical or deceptively similar to any earlier trade mark relied upon by the opponent. Furthermore, the Court was satisfied that the applicant had the requisite intention to use the trade mark and that it was capable of distinguishing the applicant's goods or services. The Court also found no likelihood of confusion arising from the registration of the trade mark.

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