Re: Opposition by Kindred Management Group Pty Ltd to registration of trade mark application number 1842623 (class 43) - Spaghetti Western CAFE' & Bar (word mark) in the name of Geoffrey Joseph Anderson

This matter concerned an opposition by Kindred Management Group Pty Ltd to the registration of the trade mark application number 1842623, SPAGHETTI WESTERN CAFE' & Bar (word mark), filed by Geoffrey Joseph Anderson in class 43. The opposition was heard by Kate Doherty.

The primary legal issues before the court were whether the trade mark application should be refused registration under sections 43 and 58 of the *Trade Marks Act 1995* (Cth). Section 43 concerns trade marks that are likely to deceive or cause confusion, while section 58 deals with trade marks that are not capable of distinguishing the applicant's goods or services.

In her reasoning, Doherty J found that the opponent had not established the grounds of opposition under either section 43 or section 58. The court determined that the applicant's trade mark was not likely to deceive or cause confusion, nor was it incapable of distinguishing the applicant's services. Consequently, the opposition was dismissed.

The trade mark application will therefore proceed to registration.