Opposition by Sojo Pty Ltd to registration of trade mark application number 1954887 (class 25) - JUST ATRADIE - in the name of Ian William Wills

This matter concerned an opposition by Sojo Pty Ltd to the registration of trade mark application number 1954887, the mark JUST ATRADIE, in class 25, filed by Ian William Wills. The opposition was heard by Timothy Brown, a delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether the grounds of opposition under sections 42(b), 44, 58, and 60 of the *Trade Marks Act 1995* (Cth) had been established. The onus was on the Opponent to prove these grounds on the balance of probabilities, with the relevant date for determination being the priority date of the application, 12 September 2018.

The delegate found that the Opponent had established the ground of opposition under section 60 of the Act. This section allows opposition if another trade mark had acquired a reputation in Australia before the priority date, and the use of the applied-for mark would be likely to deceive or cause confusion due to that reputation. The delegate determined that the Opponent's trade marks, used since 2009, had acquired a sufficient reputation by the priority date for the purposes of section 60. As a result, the delegate refused to register the trade mark application and awarded costs to the Opponent.