Re: Opposition by Enterprise Above & Beyond Pty Ltd to registration of trade mark application number 1760544 (class 25) Maroons in the name of Queensland Rugby Football League Limited

This matter concerned an opposition by Enterprise Above & Beyond Pty Ltd to the registration of trade mark application number 1760544, "Maroons," in class 25, filed by Queensland Rugby Football League Limited. The opposition was heard by a delegate of the Registrar of Trade Marks, Jock McDonagh.

The primary legal issue before the delegate was whether the grounds of opposition, specifically under section 62A of the *Trade Marks Act 1995* (Cth), had been established. The opponent alleged that the applicant's decision to apply for the registration of the trade mark was made in bad faith, with the intention of taking over the mark from Pomerol Wine Industry Co. Ltd.

The delegate considered the evidence filed by both parties, including declarations and various attachments. The opponent, an individual based in China, claimed ownership of a "Magic Tree Mark" registered in China and asserted that this mark had been licensed to Pomerol, a company in which her husband was a director and shareholder. Contracts were presented showing the supply of wine by the applicant's company to Pomerol, with labels provided by Pomerol featuring the "Magic Tree Mark." However, the delegate found that neither the applicant nor the applicant's company had ever sold wine bearing the "Magic Tree Mark" in Australia. Ultimately, the delegate was not satisfied that the opponent had established the ground of opposition under s 62A.

Consequently, the delegate ordered that trade mark application number 1760544 could proceed to registration, subject to a one-month waiting period unless a notice of appeal was filed. The delegate also awarded costs against the opponent in favour of the applicant.