Opposition by TRU Kids Inc to registration of trade mark application number 1924315 (class 20) – beanbags r us (Figurative)- in the name of Bean Bags R Us Pty Ltd

This matter concerned an opposition by TRU Kids Inc. to the registration of the trade mark application number 1924315, for the figurative mark "beanbags r us", in the name of Bean Bags R Us Pty Ltd. The opposition was heard by M. Cooper, Hearing Officer and Delegate of the Registrar of Trade Marks.

The legal issues before the Hearing Officer were whether the grounds of opposition relied upon by TRU Kids Inc. under sections 42(b), 44, and 60 of the *Trade Marks Act 1995* (Cth) had been established. The relevant date for assessing these grounds was the filing date of the trade mark application, which was 3 May 2018. The onus was on the Opponent to prove its case on the balance of probabilities.

The Hearing Officer considered the evidence regarding the reputation of "Toys R Us" and its successor, TRU Kids Inc., noting the extensive history and international presence of the "Toys R Us" brand. However, the Opponent failed to demonstrate that the applied-for mark was substantially identical with or deceptively similar to any of its registered marks under section 44, nor did it establish grounds under sections 42(b) or 60. Consequently, the Hearing Officer found that the Opponent had not established any of the grounds of opposition.

The Hearing Officer ordered that the trade mark application could proceed to registration, subject to a one-month delay to allow for any potential appeal. The Hearing Officer also awarded costs against the Opponent in favour of the Applicant, Bean Bags R Us Pty Ltd.