Opposition by The Hospital Research Foundation Incorporated to registration of trade mark application number 2032950 (class 28, 41) - CHRISTMAS HOME LOTTERY (Figurative) - in the name of St John Ambulance Australia...

This matter concerned an opposition by The Hospital Research Foundation Incorporated (the Opponent) to the registration of the trade mark application number 2032950, for the figurative mark CHRISTMAS HOME LOTTERY (the Trade Mark), in the name of St John Ambulance Australia (the Applicant). The opposition was brought under sections 52, 41, and 43 of the *Trade Marks Act 1995* (Cth). The hearing was conducted before Timothy Brown, a delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether the Trade Mark was capable of distinguishing the Applicant's goods and services from those of other persons under section 41 of the Act, and whether the Trade Mark was likely to deceive or cause confusion due to any connotation it possessed under section 43 of the Act. The Opponent bore the onus of establishing these grounds of opposition on the balance of probabilities, with the relevant date for determination being 11 September 2019, the filing and priority date of the Trade Mark.

The delegate found that the Opponent had not established the grounds of opposition. In relation to section 43, the delegate was not satisfied that the Trade Mark was likely to deceive or cause confusion due to any connotation. As no grounds of opposition were established, the delegate ordered that the Trade Mark proceed to registration one month from the date of the decision, subject to any appeal. The Opponent was ordered to pay the Applicant's costs.