Opposition by SELECCIÓN DE TORRES S.L to registration of trade mark application number 1809309 (class 33) – Celeste Noir Coffee Liqueur (word mark) - in the name of Australian Liquor Company Pty Ltd 608 799 453

The dispute before the Federal Court of Australia concerned an opposition by SELECCIÓN DE TORRES S.L. to the registration of the trade mark application number 1809309, a word mark for "Celeste Noir Coffee Liqueur" in class 33, filed by Australian Liquor Company Pty Ltd.

The court was required to determine whether the grounds of opposition, pursued under sections 44, 60, and 42(b) of the *Trade Marks Act 1995* (Cth), were established. These grounds invoked provisions of the *Competition and Consumer Act 2010* (Cth), specifically sections 18 (misleading or deceptive conduct) and 29 (false or misleading representations).

Justice Doherty found that the ground of opposition under section 60 of the *Trade Marks Act 1995* was established. This section relates to the use of a trade mark that is identical or deceptively similar to a trade mark that has acquired a reputation in Australia. The court's reasoning, not detailed in the provided text, led to the conclusion that the applicant's trade mark would not proceed to registration on this basis.

Consequently, the court ordered that the trade mark application would not proceed to registration.