Opposition by Pearce IP Pty Ltd to registration of trade mark application number 1985601 - (3) - SCENT SCENE - in the name of Black Bear Asset Management Pty Ltd

Pearce IP Pty Ltd (the Opponent) opposed the registration of the trade mark application number 1985601, SCENT SCENE, by Black Bear Asset Management Pty Ltd (the Applicant). The matter came before the Federal Court of Australia.

The court was required to determine whether the grounds of opposition, brought under sections 41, 44, and 59 of the *Trade Marks Act 1995* (Cth), were established. Specifically, the court considered whether the trade mark was capable of distinguishing goods or services, whether it was substantially identical or deceptively similar to an earlier trade mark, and whether it was prohibited from registration under section 59.

The court found that none of the grounds of opposition were established. The reasoning applied involved an assessment of the evidence presented by both parties in relation to each ground. Having concluded that the Opponent had failed to discharge its onus of proof on any of the grounds advanced, the court determined that the trade mark application should proceed to registration.

The court ordered that the Opponent pay the Applicant's costs of the proceedings, in accordance with the usual principle that costs follow the event, and as stipulated in schedule 8 of the Regulations.