Re: Opposition by Banca Sella Holdings S.p.A. to registration of trade mark application 1796309 (36, 42) - sellabitcoin.com.au - in the name of Dominet Digital Corporation Pty Ltd

Banca Sella Holdings S.p.A. opposed the registration of the trade mark application 1796309, "sellabitcoin.com.au", by Dominet Digital Corporation Pty Ltd. The opposition was heard by Nicholas Smith, a Hearing Officer and Delegate of the Registrar of Trade Marks.

The primary legal issues before the Hearing Officer were whether the grounds of opposition under sections 44 and 60 of the *Trade Marks Act 1995* (Cth) were established. Section 44 concerns the potential for confusion with existing registered trade marks, while section 60 relates to whether the trade mark is capable of distinguishing goods or services.

The Hearing Officer found that Banca Sella Holdings S.p.A. had failed to establish either of the nominated grounds of opposition. Specifically, the opponent did not demonstrate that the application infringed section 44 or that the trade mark was not capable of distinguishing the services offered by Dominet Digital Corporation Pty Ltd under section 60. Consequently, the Hearing Officer ordered that the trade mark application could proceed to registration, subject to a one-month waiting period from the date of the decision, unless an appeal was filed. The Hearing Officer also awarded costs against the opponent in favour of the applicant.