Opposition by Major League Baseball Properties Inc. to extension of protection under regulation 17A.33 of the Trade Marks Regulations 1995 of trade mark number 1746264 (International Registration No. 1283628)...

This matter concerned an opposition by Major League Baseball Properties Inc. (the Opponent) to the extension of protection in Australia of trade mark number 1746264 (International Registration No. 1283628) under regulation 17A.33 of the *Trade Marks Regulations 1995* (Cth). The decision was made by Debrett Lyons, a Hearing Officer.

The legal issues before the Hearing Officer were whether the grounds of opposition, as advanced by the Opponent under section 42 of the *Trade Marks Act 1995* (Cth), had been established. The Hearing Officer was required to determine whether to refuse protection for the international registration or to extend protection, either in full or in part, with or without conditions.

The Hearing Officer found that the Opponent had failed to establish either of the grounds of opposition it had raised. Applying regulation 17A.34N of the Regulations, the Hearing Officer directed that protection of the international registration be extended to Australia in respect of all the goods and services listed in the specification, one month from the date of the decision. The Hearing Officer also awarded costs against the Opponent.