Opposition by The a2 Milk Company Limited to registration of trade mark application number 2004427 (5,29) - AII in the name of MJN U.S. Holdings LLC

This matter concerned an opposition by The a2 Milk Company Limited (the Opponent) to the registration of trade mark application number 2004427 (5,29) - AII, filed by MJN U.S. Holdings LLC (the Applicant). The proceedings were heard by Louise Tuohy, a delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether the Opponent had established any grounds for opposition under sections 44, 60, and 42(b) of the *Trade Marks Act 1995* (Cth). The Opponent bore the onus of proving at least one of these grounds on the balance of probabilities, with the relevant date for determining the rights of the parties being 19 October 2018, the convention priority date of the application.

The delegate found that the Opponent had not established any of the nominated grounds of opposition. Consequently, under section 55 of the Act, the delegate decided that the trade mark application could proceed to registration. The delegate also awarded costs against the Opponent, applying the usual principle that costs follow the event.