Re Opposition by Kapruka Pty Ltd to registration of trade mark application 1877023 (36) - Kapruka in the name of Kapruka LLC

This matter concerned an opposition by Kapruka Pty Ltd to the registration of trade mark application number 1877023, for the mark "Kapruka" in class 36, filed by Kapruka LLC. The opposition was heard by Robert Wilson, acting as delegate for the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the applicant, Kapruka LLC, was the owner of the trade mark at the time of filing the application, as required by section 58 of the *Trade Marks Act 1995* (Cth). Kapruka Pty Ltd contended that it, not Kapruka LLC, was the true owner of the trade mark.

The delegate considered the evidence presented by both parties regarding the use and ownership of the "Kapruka" mark. It was found that Kapruka Pty Ltd had established prior use and ownership of the trade mark in Australia. Consequently, the delegate determined that Kapruka LLC was not the owner of the trade mark at the time of filing the application, and therefore, the application could not proceed to registration under section 58 of the Act.

The delegate ordered that the trade mark application be refused.