Opposition by Speedo Holdings B.V. to registration of trade mark application number 2010467 (Class 24) – Sculpteur - in the name of The Brand Republik Pty Ltd.

Speedo Holdings B.V. opposed the registration of the trade mark application number 2010467, for the mark "Sculpteur" in Class 24, by The Brand Republik Pty Ltd. The opposition was heard by Blake Knowles.

The primary legal issues before the court were whether the applicant's trade mark was disentitled to registration under sections 42(b), 44, 58, and 60 of the *Trade Marks Act 1995* (Cth). Specifically, the court considered grounds relating to deceptive or misleading use, identity or similarity with earlier trade marks, and the applicant's intention to use the mark.

The court found that none of the grounds of opposition were established. In relation to section 42(b), the court determined that the mark was not likely to deceive or cause confusion. For section 44, the court concluded there was no identity or sufficient similarity with any earlier trade marks relied upon by the opponent. The court also found no evidence to support the grounds under sections 58 and 60, which concerned the applicant's intention to use the mark and whether the applicant was the owner of the mark.

Consequently, the opposition was dismissed, and the trade mark application was allowed to proceed to registration.