Opposition by Publishing ByChelle Pty Ltd to registration of trade mark application number 2027292 (classes 9, 38, 41) – AUSBIZ – in the name of Ausbiz TV Pty Ltd

This decision concerned an opposition by Publishing ByChelle Pty Ltd to the registration of the trade mark application number 2027292, named AUSBIZ, filed by Ausbiz TV Pty Ltd, across classes 9, 38, and 41. The matter was heard by Nicholas Barbey.

The legal issues before the court were whether the grounds of opposition raised by Publishing ByChelle Pty Ltd under sections 52, 42(b), 58, and 60 of the *Trade Marks Act 1995* (Cth) had been established.

The court found that none of the grounds of opposition pursued by the Opponent were established. Consequently, the court determined that the trade mark application could proceed to registration. The court also ordered that costs follow the event, awarding costs against the Opponent in accordance with the *Trade Mark Regulations 1995* (Cth).