Opposition by Junhui Zheng to registration of trade mark application 2010425 (33) – NEW BOSS CONCEPT – in the name of Weili Mu

This matter concerned an opposition by Junhui Zheng to the registration of the trade mark application 2010425 (33) for the mark NEW BOSS CONCEPT, filed by Weili Mu. The opposition was heard by Nicholas Smith, a delegate of the Registrar of Trade Marks.

The primary legal issues before the delegate were whether the trade mark application should be refused on the grounds of opposition nominated by the Opponent. Specifically, the Opponent contended that the Applicant's decision to apply for registration was made in bad faith, seeking to take over a mark owned by an associated entity, and that the Applicant lacked the requisite intention to use the mark at the filing date. The Opponent relied on evidence concerning prior use of a similar mark, "McLaren New Boss," in relation to wine supplied by the Applicant's company to the Opponent's husband's company.

The delegate considered the evidence filed by the Opponent, including declarations from legal representatives. However, the delegate found that these declarations contained sweeping statements lacking direct personal knowledge and were therefore discounted as unsupported assertions. The Opponent failed to establish a prima facie case that the Applicant lacked the requisite intention to use the mark at the filing date, and consequently, the ground of opposition under section 59 of the *Trade Marks Act 1995* (Cth) was not established. As the Opponent failed to establish any of the grounds of opposition, the delegate determined that the trade mark application could proceed to registration.

The delegate ordered that trade mark application no. 2010425 may proceed to registration not less than one month from the date of the decision, with provisions for deferral in the event of an appeal. The Applicant was awarded costs against the Opponent, following the general rule that costs follow the event.