Pinnacle Strategic Holdings Pty Ltd v Trustd Figures Pty Ltd

Pinnacle Strategic Holdings Pty Ltd (the applicant) sought to oppose the registration of a trade mark by Trustd Figures Pty Ltd (the opponent). The dispute concerned the opponent's application to register the trade mark "TRUSTD FIGURES" in relation to financial services. The applicant opposed this registration on several grounds, including allegations of misleading and deceptive conduct and that the trade mark was substantially identical or deceptively similar to its own registered trade mark. The matter was heard by Robert Wilson in the Federal Court of Australia.

The court was required to determine whether the opponent's trade mark application should be refused. Specifically, the court considered whether the opponent's proposed use of the trade mark would be contrary to section 42(b) of the *Trade Marks Act 1995* (Cth) by reason of misleading or deceptive conduct, and whether the opponent was disentitled to registration under section 58 of the *Trade Marks Act 1995* (Cth) due to the trade mark being substantially identical or deceptively similar to the applicant's registered mark. The court also considered whether copyright subsisted in the opponent's trade mark.

In its reasoning, the court found that the applicant had not established that the opponent's proposed use of the trade mark would be misleading or deceptive under section 42(b). Furthermore, the court determined that the opponent's trade mark was not substantially identical or deceptively similar to the applicant's registered mark, thus section 58 was not engaged. The court also concluded that copyright did not subsist in the opponent's trade mark. Consequently, the opposition was dismissed, and the trade mark was permitted to proceed to registration.