Opposition by Jemie BV to extension of protection of International Registration 1364835 (41) (Australian trade mark application 1872942) – CANNATECH – held by ICAN Israel-Cannabis Ltd

Jemie BV opposed the extension of protection to Australia of International Registration 1364835 (41), known as CANNATECH, held by ICAN Israel-Cannabis Ltd. The opposition was heard by Robert Wilson, acting as a delegate of the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the ground of opposition under section 44 of the *Trade Marks Act 1995* (Cth) had been established by Jemie BV. This section concerns the registration of trade marks that are identical or deceptively similar to an earlier trade mark.

The delegate found that Jemie BV had successfully established its opposition under section 44. Consequently, the delegate refused to extend the protection of ICAN Israel-Cannabis Ltd's trade mark to Australia and directed that the World Intellectual Property Organization be notified of this decision. Jemie BV was awarded costs against ICAN Israel-Cannabis Ltd.