Re: Opposition by Chicago Mercantile Exchange Inc. to registration of trade mark application number 1875578 (class 36) - EMINI-WATCH.COM Better Emini Trading Every Day (Figurative) in the name of Barry Taylor..

This matter concerned an opposition by the Chicago Mercantile Exchange Inc. to the registration of the trade mark application number 1875578, EMINI-WATCH.COM Better Emini Trading Every Day (Figurative), in the name of Barry Taylor. The opposition was heard by Kate Doherty.

The primary legal issue before the Court was whether the applicant's trade mark should be refused registration under various provisions of the *Trade Marks Act 1995* (Cth), including sections 42(b), 43, 44, 60, and 62A. The opponent specifically pursued grounds under sections 42(b), 43, 44, and 60.

The Court found that the ground of opposition under section 60 of the *Trade Marks Act 1995* (Cth) was established. This section relates to trade marks that have acquired a reputation in Australia through use. The Court determined that the applicant's trade mark would not proceed to registration.