Opposition by Opel Automobile GmbH to registration of trade mark application 1774969 (class 12) - ADAMAS with diamond device - in the name of Wanli Tire Corporation Limited.

Opel Automobile GmbH opposed the registration of the trade mark application 1774969, for the mark ADAMAS with a diamond device in Class 12, filed by Wanli Tire Corporation Limited. The opposition was heard by Nicholas Barbey.

The primary legal issue before the court was whether the opponent, Opel Automobile GmbH, had established that its trade mark had acquired a reputation in Australia at the relevant time. This involved considering the meaning of "reputation" in the context of trade mark law and the types of evidence that could be used to prove such reputation.

The court considered the definition of reputation as "the recognition of the [trade mark] by the public generally," as stated by Kenny J in *McCormick & Co Inc v McCormick*. It also applied the principles from Lockhart J's decision in *Re ConAgra Inc v McCain Foods (Aust) Pty Ltd*, which indicated that reputation could be demonstrated through various means, including advertising in Australian media (television, radio, magazines, newspapers) or by showing the exposure of the Australian public to the overseas owner's goods through travel. The opponent's evidence, including a declaration by its legal counsel and annexed documents, was to be assessed against these criteria.