Opposition by Happy Skincare ATF Breckell Family Trust to registration of trade mark application number 1960077 (class 8) HAPPYSKINCO - in the name of Happy Skin Co Pty Ltd.

This matter concerned an opposition by Happy Skincare ATF Breckell Family Trust (the Opponent) to the registration of the trade mark application number 1960077, HAPPYSKINCO, in Class 8, by Happy Skin Co Pty Ltd (the Applicant). The decision was made by Timothy Brown.

The court was required to determine whether the Applicant's trade mark application should be rejected on various grounds, including under section 44 of the *Trade Marks Act 1995* (Cth). Specifically, the court considered whether the Applicant's trade mark was substantially identical with, or deceptively similar to, a trade mark registered by another person in respect of similar goods or closely related services, with an earlier priority date.

The court found that the Opponent had established its opposition under section 44(1) of the *Trade Marks Act 1995* (Cth). The Opponent relied on its trade mark registration number 1647425, which had a priority date of 17 September 2014. This registered trade mark covered a range of goods in Class 3, including non-medicated skin care products and cosmetic preparations. The court noted that this registered trade mark was owned by a party other than the Applicant and had an earlier priority date than the Applicant's trade mark application. The Applicant's trade mark application was therefore refused registration. The court also awarded costs against the Applicant in favour of the Opponent.