Re: Opposition by Action North America Inc to registration of trade mark application number 1765969 (classes 12, 35) - pwonly - in the name of Aobao International Pty Ltd

This matter concerned an opposition by Action North America Inc to the registration of the trade mark application number 1765969, designated "pwonly", in classes 12 and 35, filed by Aobao International Pty Ltd. The opposition was heard by Nicholas Barbey.

The primary legal issues before the court were whether the trade mark application should be refused registration under various provisions of the *Trade Marks Act 1995* (Cth), including sections 42, 44, 58, 58A, 60, and 62A. Specifically, the court had to determine if the applicant's mark was likely to cause confusion with existing trade marks, if it was deceptive or misleading, or if it was otherwise disentitled to registration.

The court found that the ground of opposition under section 58 of the *Trade Marks Act 1995* was partially established, indicating that some aspect of the application was problematic in relation to this provision. However, the remaining grounds of opposition were not established. Consequently, the court ordered that the application be amended and then proceed to registration.