Opposition by Bang Bang Investment Pty Ltd to registration of trade mark application number 1834510 (class 43) – BANG BANG (fancy) – in the name of BJBAC 3 Pty Ltd

This matter concerned an opposition by Bang Bang Investment Pty Ltd to the registration of the trade mark application number 1834510, for the word "BANG BANG" in fancy lettering, in class 43, filed by BJBAC 3 Pty Ltd. The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth). The hearing officer considered the opposition at first instance.

The primary legal issue before the hearing officer was whether the Opponent had established grounds for opposition under section 52 of the *Trade Marks Act 1995* (Cth). This section concerns the use of a trade mark that is likely to deceive or cause confusion. The hearing officer also considered section 58 of the Act, which relates to the registration of trade marks.

The hearing officer found that the Opponent had not established the grounds for opposition. The evidence did not demonstrate that the use of the trade mark "BANG BANG" by the Applicant was likely to deceive or cause confusion. Consequently, the opposition was dismissed, and the trade mark application was allowed to proceed to registration.

The hearing officer ordered that costs be awarded against the Opponent in accordance with section 221 of the *Trade Marks Act 1995* (Cth) and the amounts specified in Schedule 8 of the Regulations.