Opposition by Wild Flour Cafe Pty Limited to registration of trade mark application number 1992777 (Class 30, 35, and 40) – WILDFLOUR ARTISAN BAKERY & CAFÉ & device - in the name of Michael Rose.

This matter concerned an opposition by Wild Flour Cafe Pty Limited to the registration of the trade mark application number 1992777, WILDFLOUR ARTISAN BAKERY & CAFÉ & device, in the name of Michael Rose, for goods and services in Classes 30, 35, and 40. The opposition was heard by Blake Knowles, Hearing Officer, Delegate of the Registrar of Trade Marks.

The legal issues before the Hearing Officer were whether the grounds of opposition raised by Wild Flour Cafe Pty Limited under sections 42(b), 58, and 62A of the *Trade Marks Act 1995* (Cth) were established. The Opponent bore the onus of proving these grounds on the balance of probabilities, with the rights of the parties assessed as at the relevant date.

The Hearing Officer considered the evidence filed by both parties. The Opponent, incorporated in May 2018, commenced operating a café business in Redfern, New South Wales, on 6 September 2018, providing café, hospitality, catering, and retail services, as well as coffee grinding. Evidence of the Opponent's use of its trade mark included menus, product samples, invoices, photographs of its premises and products, and social media posts dating from May 2018 onwards. However, the Hearing Officer found that the ground of opposition under section 62A was not established.

Ultimately, the Hearing Officer concluded that the Opponent had failed to establish any of the grounds of opposition. Consequently, the trade mark application was permitted to proceed to registration, subject to the usual appeal period. Costs were awarded against the Opponent in favour of the Applicant.