Opposition by Kevin Robinson to registration of trade mark application number 1964820 – LITTLE WINGS (Classes 36, 44) - in the name of Little Wings Limited.

This matter concerned an opposition by Kevin Robinson (the Opponent) to the registration of the trade mark application number 1964820, LITTLE WINGS, in the name of Little Wings Limited (the Applicant), for goods and services in Classes 36 and 44. The proceedings were heard by Blake Knowles, Delegate of the Registrar of Trade Marks.

The court was required to determine whether the Opponent had established any of the grounds of opposition pleaded, including those under sections 42(b), 43, 44, 58, 58A, 60, and 62A of the *Trade Marks Act 1995* (Cth). The Opponent bore the burden of proving these grounds on the balance of probabilities, with the rights of the parties assessed as at the relevant date.

The Delegate found that the Opponent had not established any of the grounds of opposition. The evidence indicated that the Applicant was incorporated in November 2011 to provide free flight and ground transport services for sick children, with the Opponent being an initial director. Use of the trade mark commenced in September 2012, with a logo version also designed and used from that time. The Applicant operated a website and social media accounts featuring the trade mark and logo consistently from 2012. The Delegate noted that evidence from external advisors, while admissible, may lack sufficient weight to establish facts requiring personal knowledge, such as intentions or recollections. Crucially, the Opponent had not established prima facie grounds under section 44, rendering the section 58A ground irrelevant.

Consequently, the Delegate ordered that the trade mark LITTLE WINGS should proceed to registration one month from the date of the decision, unless a notice of appeal was served on the Registrar of Trade Marks, in which case registration would be deferred until the appeal was resolved. The Applicant was awarded costs against the Opponent.