Opposition by Formula Three Management Pty Ltd to extension of protection to Australia of International Registration Designating Australia 681770 (class 12,35,41) (Australian Trade Mark application number...

This matter concerned an opposition by Formula Three Management Pty Ltd (the Opponent) to the extension of protection to Australia of International Registration Designating Australia 681770 (the IRDA), held by a party referred to as the Holder. The opposition was brought under various grounds of the *Trade Marks Act 1995* (Cth), including sections 43, 58, 60, and 62A, and related regulations. The proceedings were heard by a Delegate of the Registrar of Trade Marks.

The legal issues before the Delegate were whether the grounds of opposition, particularly those relating to the Holder's entitlement to protection and the conduct of the Holder in seeking such protection, had been established. Specifically, the Delegate had to determine if the Holder's application for extension of protection to Australia was made without reasonable grounds for believing they were entitled to it, or if the Holder's conduct fell short of acceptable commercial standards, rendering the opposition under section 62A successful.

The Delegate found that the Opponent had not established any of the grounds of opposition. In relation to section 62A, the Delegate reasoned that there was no evidence to suggest the Holder lacked reasonable grounds to believe they were entitled to the protection, noting the Holder's successful registration of the trade mark in 14 other countries. Furthermore, the Delegate concluded that the Holder's conduct did not exhibit an unscrupulous, underhand, or unconscientious character, nor did it constitute a "falling short" of acceptable commercial standards.

Consequently, the Delegate ordered that protection of the IRDA be extended to Australia for all designated goods and services one month from the date of the decision, unless an appeal was filed. The Holder was awarded costs against the Opponent.