Re: Opposition by Carbar Holdings Pty Ltd to registration of trade mark application 1837603 (11) - Carbar in the name of Shenzhen Fengduzhihui Vehicle Lamps Co., Ltd

This matter concerned an opposition by Carbar Holdings Pty Ltd to the registration of the trade mark application 1837603, "Carbar", in the name of Shenzhen Fengduzhihui Vehicle Lamps Co., Ltd. The opposition was heard by Nicholas Smith, acting as delegate for the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the applicant's trade mark should be refused registration under various provisions of the *Trade Marks Act 1995* (Cth). Specifically, the delegate considered grounds relating to the distinctiveness of the mark, whether it was deceptive or confusingly similar to existing marks, and whether it was capable of distinguishing the applicant's goods.

The delegate found that none of the grounds of opposition were established. The delegate reasoned that the applicant's mark was not deceptively similar to any cited earlier marks, nor was it likely to deceive or cause confusion. The delegate also considered the distinctiveness of the mark, concluding that it was capable of distinguishing the applicant's goods. The delegate applied the principles of trade mark law concerning distinctiveness, deceptive similarity, and the overall assessment of whether a mark meets the requirements for registration.

Consequently, the delegate ordered that the opposition be dismissed and that the trade mark application proceed to registration.