Opposition by Taliberry Entertainment Pty Ltd to registration of trade mark application 2044878 (41) – 1Dance Africa – in the name of 1DANCE PTY LTD

This matter concerned an opposition by Taliberry Entertainment Pty Ltd to the registration of trade mark application 2044878, "1Dance Africa," in the name of 1DANCE PTY LTD. The opposition was heard by Nicholas Smith, a delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether the grounds of opposition raised by Taliberry Entertainment Pty Ltd under sections 58 and 62A of the *Trade Marks Act 1995* (Cth) had been established. The opponent alleged that the trade mark should not be registered because it was sought to be registered by a person other than the owner of the trade mark, and that the registration would be contrary to law.

The delegate found that the opponent had established the ground of opposition under section 58 of the *Trade Marks Act 1995*. The evidence showed that Taliberry Entertainment Pty Ltd and A.P.E. Events Pty Ltd had entered into a partnership agreement to jointly organise events under the name "1Dance Africa," and that under this agreement, title to and intellectual property rights in the trade mark were to be jointly owned. The delegate noted that the partnership agreement stipulated that this clause survived termination. Crucially, the applicant's director and sole shareholder was also the managing director of A.P.E. Events Pty Ltd, which had terminated the partnership agreement shortly before the applicant filed its trade mark application. As the opponent had established its ground of opposition, the delegate refused to register the trade mark. The delegate also awarded costs in favour of the opponent.