Opposition by KTSN Development Pty Ltd to registration of trade mark application number 2011617 (Class 38) – MINIPORT figurative - in the name of Miniport Holdings Pty Ltd.

This matter concerned an opposition by KTSN Development Pty Ltd to the registration of the figurative trade mark application number 2011617, MINIPORT, in Class 38, filed by Miniport Holdings Pty Ltd. The opposition was heard by Blake Knowles.

The primary legal issues before the court were whether the applicant's trade mark should be refused registration under section 52 of the *Trade Marks Act 1995* (Cth) on the grounds of opposition under sections 58 and 62A of the Act. Specifically, the court had to determine if the applicant's mark was deceptively similar to an earlier trade mark, and if the applicant was seeking to register the mark in bad faith.

The court found that the ground of opposition under section 58 of the Act was established. This finding was based on the assessment of the respective trade marks and the goods and services for which registration was sought, leading to a conclusion of deceptive similarity. Consequently, the court determined that the applicant's trade mark application should be refused.