Re: Opposition by Adrian Moses to registration of trade mark application number 1888216 (class 41) - the World Cup Of Film in the name of Matutino Films Pty Ltd

This matter concerned an opposition by Adrian Moses to the registration of the trade mark application number 1888216, "World Cup Of Film", in Class 41, filed by Matutino Films Pty Ltd. The opposition was heard by Deputy Registrar Mary-Ann Cooper.

The primary legal issues before the Deputy Registrar were whether the trade mark should be refused registration under various provisions of the *Trade Marks Act 1995* (Cth), including sections 42, 58, 60, and 62A. Specifically, the opposition contended that the mark was not capable of distinguishing the services of Matutino Films, was deceptive or confusingly similar to existing marks, and was sought in bad faith.

The Deputy Registrar found that the ground of opposition under section 58 of the *Trade Marks Act 1995* (Cth) was established. This section relates to the registration of trade marks that are identical or deceptively similar to earlier trade marks. The Deputy Registrar determined that the applicant had not discharged the onus of proving that the trade mark was not likely to deceive or cause confusion. Consequently, the application for registration was refused.