Opposition by Northern Rivers Kart Club Incorporated to registration of trade mark application number 1970295 (Class 41) – NSW YOUNG GUNS with device - in the name of Australian Karting Association Ltd.

This matter concerned an opposition by Northern Rivers Kart Club Incorporated (the Opponent) to the registration of the trade mark application number 1970295, comprising the words "NSW YOUNG GUNS" with a device, in Class 41, by Australian Karting Association Ltd (the Applicant). The opposition was heard by Blake Knowles, Delegate of the Registrar of Trade Marks.

The sole ground of opposition relied upon by the Opponent was under section 58 of the *Trade Marks Act 1995* (Cth), which requires the applicant for registration to have used a trade mark prior to the relevant date that is substantially identical with the trade mark sought to be registered. The Opponent contended that it had prior use of the name "Young Guns Titles" and variations thereof, as well as composite marks incorporating these words, in relation to the organisation of junior kart racing events.

The Delegate found that the Opponent had not established use of a trade mark prior to the relevant date that was substantially identical with the trade mark sought to be registered. The evidence filed by the Opponent, while extensive, was largely irrelevant to the narrow scope of the section 58 ground. The Delegate concluded that the Opponent had failed to establish its ground of opposition.

Consequently, the Delegate ordered that the trade mark application may proceed to registration, subject to a one-month waiting period from the date of the decision, or until any appeal is withdrawn or discontinued. The Applicant was awarded costs against the Opponent.