Opposition by Billie, Inc to registration of trade mark application number 1958719 (Classes 3 and 8) – BILLIE - in the name of Sergey Kayudin.

This matter concerned an opposition by Billie, Inc. (the Opponent) to the registration of trade mark application number 1958719, for the mark BILLIE in Classes 3 and 8, filed by Sergey Kayudin (the Applicant). The opposition was heard by Blake Knowles, Hearing Officer, acting as Delegate of the Registrar of Trade Marks.

The legal issues before the court were whether the Opponent had established any of the grounds of opposition relied upon, specifically under sections 42(b), 58, 59, 60, and 62A of the *Trade Marks Act 1995* (Cth). The Opponent bore the burden of proving at least one ground on the balance of probabilities, with rights assessed as at the relevant date.

The court found that the Opponent had established a ground of opposition under section 59. Evidence demonstrated that the Opponent, founded in 2017, had adopted the trade mark BILLIE for premium quality shaving and body care products. While primarily sold online in the United States, the Opponent had supplied sample products to third parties in Australia since December 2017 and had a global customer base including in Australia. The Opponent's mark was promoted online through social media and had been featured in numerous Australian publications and websites prior to the relevant date. The court concluded that the Opponent had established a ground of opposition, leading to the refusal of the trade mark application. The Opponent was also awarded costs against the Applicant.