Opposition by Sojo Pty Ltd to registration of trade mark application number 1906831 (class 25) – SHIT HOT TRADIE – in the name of Rebel Power Pty Ltd

Sojo Pty Ltd opposed the registration of the trade mark application number 1906831, SHIT HOT TRADIE, in class 25, by Rebel Power Pty Ltd. The opposition was heard by Nicholas Barbey.

The primary legal issue before the court was whether the trade mark application should be refused registration on the grounds provided by the *Trade Marks Act 1995* (Cth). Specifically, the court considered grounds of opposition under sections 42, 44, 58, and 60 of the Act.

The court 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 determined that the applicant's proposed mark was likely to be taken as indicating a connection in the course of trade between the goods and services offered by the applicant and those in respect of which the opponent had established a reputation. Consequently, registration of the trade mark was refused.