Opposition by Chengbo Wang to registration of trade mark application number 2452159 (class 20) - Vmaisi - in the name of Xiang Chen

This decision concerns an opposition by Chengbo Wang to the registration of the trade mark "Vmaisi" (application number 2452159) in Class 20, filed by Xiang Chen. The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth). The opponent, Mr. Wang, alleged that the applicant, Mr. Chen, was not the owner of the trade mark, relying on evidence of his own prior use of the mark.

The primary legal issue before the delegate was whether the opponent had established that the applicant was not the owner of the trade mark "Vmaisi" for the goods specified in the application. To succeed on this ground under section 58 of the Act, the opponent was required to demonstrate that the trade mark was identical or substantially identical to the mark he relied upon, that the applicant's goods were the same as or of the same kind as the goods for which the opponent claimed use, and that the opponent had an earlier claim to ownership based on prior use in Australia.

The delegate found that the opponent had provided sufficient evidence of his use of the identical trade mark "Vmaisi" in Australia since August 2019 for a range of non-metallic door hardware, locks, and latches. The delegate determined that these goods were either the same as or the "same kind of thing" as many of the goods listed in the applicant's application, including non-metallic door furniture, hardware, fasteners, locks, and latches. However, the delegate found that other goods in the application, such as non-metal numberplates, shelving, doorbells, lock boxes, and baby seats, were not the "same kind of thing" as the opponent's used goods. Despite the opposition only being established for a subset of the applicant's goods, the delegate, in the absence of any argument or principled basis for amendment from either party, exercised discretion to reject the entire application, refusing registration of the trade mark. The delegate also awarded costs against the applicant.