Re: Opposition by Enterprise Above and Beyond Pty Ltd to registration of trade mark application number 1698527 (classes 16, 25 and 41) - State of Origin in the name of Australian Rugby League Commission Limited

This matter concerned an opposition by Enterprise Above and Beyond Pty Ltd to the registration of the trade mark application number 1698527, filed in the name of Australian Rugby League Commission Limited, for goods and services in classes 16, 25, and 41. The opposition was heard by Deputy Registrar Louise Tuohy.

The primary legal issue before the Deputy Registrar was whether the grounds of opposition, brought under section 52 of the *Trade Marks Act 1995* (Cth), were established. These grounds related to various provisions of the Act, including sections 41, 42, 43, 44, 58, and 62A, which deal with the registrability and potential grounds for removal of trade marks.

The Deputy Registrar found that the Opponent had failed to establish any of the grounds relied upon for opposing the registration of the trade mark. Consequently, the trade mark application was permitted to proceed to registration. The Deputy Registrar also ordered that the Opponent pay the Applicant's costs, applying the general rule that costs follow the event under section 221 of the Act and Schedule 8 of the *Trade Marks Regulations 1995*.