Opposition by JULIÀ GRUP FURNITURE SOLUTIONS, S.L. to registration of trade mark application 2396534 (20) –

This matter concerns an opposition filed by JULIÀ GRUP FURNITURE SOLUTIONS, S.L. (the Opponent) against the registration of trade mark application number 2396534 (the Application) by an unnamed Applicant. The Opponent, a Spanish company with over 20 years of experience in the furniture sector, sought to oppose the registration on grounds including sections 42(b), 44 (or regulation 4.15A for protected international trade mark applications), 59, and 60 of the relevant legislation. The proceedings were decided by Nicholas Smith, a Delegate of the Registrar of Trade Marks, based on the written record after the Opponent elected to proceed without a hearing.

The legal issues before the Delegate were to determine whether any of the grounds of opposition raised by the Opponent had been established. Specifically, the Delegate was required to assess whether the use of the trade mark by the Applicant would be contrary to law (s 42(b)), whether the Application should be refused on grounds related to prior registered trade marks or protected international applications (s 44/reg 4.15A), and whether the Application should be refused on grounds of misrepresentation or deceptive use (ss 59 and 60). The Opponent relied on its registered trade marks, which incorporate the element 'KAVE', and provided evidence of its extensive international use and promotion of these marks, including in Australia through a licensee since November 2021.

The Delegate found that the Opponent had failed to establish any of the grounds of opposition. In particular, the Delegate was not satisfied that the use of the trade mark by the Applicant would be contrary to law, thus failing the ground under s 42(b). As no grounds of opposition were established, the Delegate ordered that trade mark application number 2396534 may proceed to registration not less than one month from the date of the decision, subject to any appeal. The Applicant was awarded costs against the Opponent.