Re Opposition by Crocmedia Pty Ltd to registration of trade mark application 1853209 (16, 25, 35, 38, 41) - Football Nation Radio - in the name of Football Nation Radio Holdings Pty Ltd

This matter concerned an opposition by Crocmedia Pty Ltd to the registration of trade mark application number 1853209, "Football Nation Radio," in the name of Football Nation Radio Holdings Pty Ltd. The application sought registration across classes 16, 25, 35, 38, and 41, covering a range of goods and services related to football and soccer. The decision was made by Robert Wilson, a Hearing Officer and delegate of the Registrar of Trade Marks.

The legal issues before the Hearing Officer were whether the grounds of opposition raised by Crocmedia Pty Ltd, under various sections of the *Trade Marks Act 1995* (Cth), including sections 41, 42(b), 44, and 60, had been established. The onus was on the Opponent to prove these grounds.

The Hearing Officer found that the Opponent had failed to establish any of the nominated grounds of opposition. The evidence presented by both parties, in the form of statutory declarations, was considered. The Opponent, Crocmedia Pty Ltd, operates in the sports media sector, notably using the trade mark "AFL Nation" for its AFL-related broadcasting and news services. The Applicant, Football Nation Radio Holdings Pty Ltd, was registered in April 2017 and operates a radio station dedicated to football content, providing news, entertainment, and educational services through various online platforms. Ultimately, as no grounds of opposition were successfully proven, the Hearing Officer decided that the trade mark application could proceed to registration. The Applicant was awarded costs against the Opponent.