Opposition by Annco, Inc. to registration of trade mark application number 1874506 (class 25) - AEROLOFT - in the name of Nike Innovate C.V.

Annco, Inc. (the Opponent) opposed the registration of the trade mark AEROLOFT in class 25, sought by Nike Innovate C.V. (the Applicant). The opposition was heard by M. Cooper.

The Opponent relied on several grounds under the *Trade Marks Act 1995* (Cth), including sections 44, 59, 60, and 42(b). The central legal issue was whether any of these grounds were established, thereby preventing the registration of the AEROLOFT trade mark.

The court found that the Opponent had failed to establish any of the grounds of opposition it had nominated. Consequently, the trade mark AEROLOFT was permitted to proceed to registration, subject to a one-month delay to allow for potential appeals. The Applicant was awarded costs against the Opponent.