Re: Opposition by ABCDEX Pty Ltd and Burkhard Geiger to extension of protection under regulation 17A.33 of the Trade Marks Regulations 1995 of trade mark number 1817324 (International Registration number 1324805)

This matter concerned an opposition by ABCDEX Pty Ltd and Burkhard Geiger to the extension of protection in Australia of trade mark number 1817324 (International Registration number 1324805), pursuant to regulation 17A.33 of the *Trade Marks Regulations 1995* (Cth). The decision was made by Louise Tuohy.

The primary legal issue before the delegate was whether the opponents had established grounds for opposition under section 44 of the *Trade Marks Act 1995* (Cth). This section deals with the grounds for opposing the registration of a trade mark, and in this context, whether the extension of protection should be refused due to the existence of an earlier trade mark.

The delegate considered the evidence presented by both parties regarding the earlier trade mark relied upon by the opponents. After a thorough examination of the submissions and evidence, the delegate concluded that the opponents had not satisfied the onus of proof required to establish their opposition under section 44. Consequently, the delegate found that the grounds for opposition were not established.

As the opposition was not established, the delegate ordered that the extension of protection for trade mark number 1817324 to Australia would be granted.