Opposition by Simec Zen Energy Pty Ltd to extension of protection under regulation 17A.33 of the Trade Marks Regulations 1995 (Cth) of trade mark number 1898410 (International Registration number 1383684) (classes...

Simec Zen Energy Pty Ltd opposed the extension of protection for trade mark number 1898410, an international registration, under regulation 17A.33 of the *Trade Marks Regulations 1995* (Cth). The opposition was heard by Adrian Richards.

The primary legal issues before the delegate were whether the grounds of opposition nominated under sections 42(b), 44, 58, and 60 of the *Trade Marks Act 1995* (Cth) were established, given that no evidence in support of these grounds had been filed by the opponent.

The delegate determined that as no evidence was filed in support of the grounds of opposition under sections 42(b), 58, and 60, these grounds were not established. Similarly, the delegate considered the ground of opposition under section 44 and found it was not established. Consequently, the opposition failed.

The delegate ordered that the extension of protection for trade mark number 1898410 should proceed.