Opposition by Agha Juice Sydney Road Pty Ltd and Muhammad Hussain to registration of trade mark application 1904901 (29, 32) – AGHA JUICE HOUSE – in the name of Zahra 15 Pty Ltd

This matter concerned an opposition by Agha Juice Sydney Road Pty Ltd and Muhammad Hussain (the Opponent) to the registration of trade mark application number 1904901, "AGHA JUICE HOUSE," in the name of Zahra 15 Pty Ltd (the Applicant). The opposition was brought before a delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether the grounds of opposition raised by the Opponent under sections 58 and 60 of the *Trade Marks Act 1995* (Cth) were established. The Opponent's evidence included declarations from Muhammad Hussain, while the Applicant's evidence consisted of a declaration from its director, Zainab Bibi. A claim of confidentiality was made over the entirety of the evidence filed by both parties.

The delegate adopted the approach from *Source Homeloans Pty Ltd v Coles Group Ltd*, stating that a party claiming confidentiality must identify sensitive information with specificity. The delegate found that the Opponent had failed to establish the ground of opposition under section 60 of the Act. Consequently, the delegate determined that the Opponent had not established any of the grounds nominated in its Statement of Grounds and Particulars. The delegate ordered that trade mark application number 1904901 may proceed to registration, subject to any appeal, and awarded costs against the Opponent.