Opposition by Arlec Australia Pty Ltd to extension of protection to international registration designating Australia No. 1964376 (International Registration No. 1430256) – – held by Muller et Cie.

This matter concerned an opposition by Arlec Australia Pty Ltd to the extension of protection of international registration No. 1430256 to Australia, held by Muller et Cie. The opposition was heard by Bianca Irgang, acting as delegate for the Registrar of Trade Marks.

The primary legal issues before the delegate were whether the international registration should be refused extension of protection to Australia under sections 44, 60, and 42(b) of the *Trade Marks Act 1995* (Cth). Arlec Australia Pty Ltd relied on its prior use and registration of trade marks.

The delegate found that section 60 of the Act was established. This section provides that an application for an international registration designating Australia must be refused if the trade mark is identical to or deceptively similar to a trade mark that has been used in Australia by another person in relation to goods or services, and that use commenced before the filing date of the international registration. The delegate determined that Arlec Australia Pty Ltd had demonstrated prior use of its trade marks, which were found to be identical or deceptively similar to the trade mark in the international registration, and that this use commenced before the filing date of the international registration. Consequently, the delegate concluded that protection should not be extended to the international registration designating Australia.