Opposition by NDA Brands Pty Ltd to registration of trade mark application number 1907499 (classes 5, 29) – NATURE ONE DAIRY with splash device – in the name of Nature One Dairy Pty Ltd

NDA Brands Pty Ltd opposed the registration of the trade mark application number 1907499, NATURE ONE DAIRY with a splash device, in classes 5 and 29, by Nature One Dairy Pty Ltd. The opposition was heard by Nicholas Barbey.

The primary legal issue before the court was whether the applicant's trade mark should be refused registration under section 52 of the *Trade Marks Act 1995* (Cth) on the grounds that it was likely to deceive or cause confusion. The opponent also relied on sections 42, 44, and 60 of the Act.

The court considered the evidence presented by both parties and found that the opponent had not established any of the grounds for opposition. Specifically, the court determined that the applicant's trade mark was not likely to deceive or cause confusion, nor were the other grounds under sections 42, 44, or 60 established.

Consequently, the opposition was dismissed, and the trade mark application was allowed to proceed to registration.