Opposition by Hugo Boss Trade Mark Management GmbH & Co. KG to registration of trade mark application number 2175870 (9, 25, 36, 38, 41) – BIG BOSS GROUP – in the name of Big Boss Group Pty Ltd

This matter concerned an opposition by Hugo Boss Trade Mark Management GmbH & Co. KG to the registration of the trade mark application number 2175870, BIG BOSS GROUP, filed by Big Boss Group Pty Ltd. The application sought registration across classes 9, 25, 36, 38, and 41. The opposition was heard by Louise Tuohy.

The primary legal issue before the Registrar was whether the grounds of opposition raised by Hugo Boss Trade Mark Management GmbH & Co. KG, including those under sections 42(b), 44, 60, and 62A of the *Trade Marks Act 1995* (Cth), had been established. The Registrar was required to determine whether to refuse registration, or register the trade mark with or without conditions or limitations, based on the grounds of opposition that were proven.

The Registrar found that the ground of opposition under section 44 of the *Trade Marks Act 1995* (Cth) had been established by the opponent in relation to specific goods. However, none of the other grounds of opposition were found to be established. Consequently, the Registrar refused to register the trade mark in relation to a specified list of goods within classes 9 and 25, which were detailed in the decision. The Registrar also directed that if a notice of appeal was served, the disposition of the application should follow any court order or direction.