Opposition by Newzone Nominees Pty Ltd to registration of trade mark application number 1880059 (class 7) – TURBODRUM – in the name of IP Machinery Pty Ltd

In the matter of an opposition by Newzone Nominees Pty Ltd to the registration of trade mark application number 1880059, TURBODRUM, in the name of IP Machinery Pty Ltd, the Assistant Commissioner of Patents, Nicholas Barbey, considered the dispute. The opponent, Newzone Nominees Pty Ltd, opposed the registration of the TURBODRUM trade mark, pursuing grounds under sections 43, 58, 60, and 62A of the *Trade Marks Act 1995* (Cth).

The Assistant Commissioner was required to determine whether the opponent had established any of the grounds for opposition relied upon. Specifically, the court had to assess whether the trade mark was deceptive or misleading (s 43), whether the applicant had a right to registration (s 58), whether the trade mark was substantially identical or deceptively similar to a registered trade mark (s 60), or whether the trade mark was not capable of distinguishing the applicant's goods or services (s 62A).

The Assistant Commissioner found that none of the grounds of opposition were established. Consequently, the trade mark application was permitted to proceed to registration. The applicant sought an award of costs, and applying the general principle that costs follow the event, the Assistant Commissioner ordered that the opponent pay the applicant's costs in accordance with the scale set out in Schedule 8 of the *Trade Mark Regulations 1995* (Cth).