Opposition by Kerry Luxembourg S.a.r.l. to registration of trade mark application 1677858 (30) - Vinci Coffee - in the name of Nanny Annie Pty. Ltd.

This decision concerns an opposition by Kerry Luxembourg S.a.r.l. to the registration of the trade mark application 1677858, "Vinci Coffee", in the name of Nanny Annie Pty. Ltd. The opposition was heard by M. Cooper.

The primary legal issue before the court was whether the use of the opposed trade mark was likely to deceive or cause confusion due to the reputation of the opponent's trade mark(s), as contemplated by sections 60, 61, and 42(b) of the *Trade Marks Act 1995*. The court was required to determine if any of the grounds of opposition nominated by the opponent had been established.

The court found that the opponent had failed to establish any of the grounds of opposition it had nominated. Consequently, under section 55 of the Act, the Registrar was directed to allow the application to proceed to registration after one month from the date of the decision, unless an appeal was filed. The court also awarded costs against the opponent, adhering to the general rule that costs follow the event, and ordered these costs to be calculated as per Schedule 8 of the *Trade Marks Regulations 1995*.