Opposition by BOLERO Co. Ltd. under regulation 17A.32 of the Trade Marks Regulations 1995 (Cth) to extension of protection of trade mark number 2023970 (International Registration number 1477589) (Classes 5, 24,...

This matter concerned an opposition by BOLERO Co. Ltd. to the extension of protection of trade mark number 2023970 (International Registration number 1477589) in Classes 5, 24, and 25. The opposition was brought under regulation 17A.32 of the Trade Marks Regulations 1995 (Cth). The decision was made by Blake Knowles.

The legal issues before the court were whether the grounds of opposition, pressed under sections 42(b), 44, 58, 60, and 62A of the Trade Marks Act 1995 (Cth), had been established to the extent that protection should be refused for some or all of the goods and services listed in the International Registration Data Amendment (IRDA). Specifically, the court was required to determine the extent to which the grounds of opposition were established and, consequently, whether to refuse protection entirely or extend it in respect of some or all of the goods or services.

The court found that a ground of opposition under section 44 of the Trade Marks Act 1995 (Cth) was established in respect of the goods listed in Class 25, which included clothing, sportswear, underwear, bras, and swimwear. Consequently, the court decided to refuse protection for these goods. However, the court was satisfied that the grounds of opposition were not established to the extent that protection should be refused for all goods and services. Therefore, protection was extended for the goods and services in Classes 5 and 24. The court also declined to award costs to either party, noting that both had achieved a measure of success.