Oppositions by Jak Agency International Pty Ltd to registration of trade mark applications 1772499 (3) JAK and 1772509 (3, 5) JAK BABY - in the name of JAK Organics Pty Ltd

The dispute before the Administrative Appeals Tribunal concerned oppositions by Jak Agency International Pty Ltd to two trade mark applications by JAK Organics Pty Ltd: application number 1772499 for the mark JAK in classes 3 and 5, and application number 1772509 for the mark JAK BABY in classes 3 and 5.

The Tribunal was required to determine whether the grounds of opposition under sections 42(b), 58, and 60 of the *Trade Marks Act 1995* (Cth) were established for application 1772499, and whether the grounds under sections 42(b) and 60 were established for application 1772509. Section 42(b) relates to the mark being deceptive or confusingly similar to a registered trade mark, section 58 concerns the applicant not being the owner of the trade mark, and section 60 addresses the mark being substantially identical or deceptively similar to an earlier trade mark.

In relation to application 1772499, the Tribunal found that the ground of opposition under section 58 of the Act was established, as JAK Organics Pty Ltd was not the owner of the trade mark. Consequently, registration of this mark was refused. For application 1772509, the Tribunal found that neither the grounds under section 42(b) nor section 60 were established. Therefore, this trade mark application was permitted to proceed to registration.