Re Opposition by Mumusokr Co Ltd to registration of trade mark application 1847850 (35) - MUMUSO - in the name of Guangdong Saiman Investment Co Ltd

This matter concerned an opposition by Mumusokr Co Ltd (the Opponent) to the registration of trade mark application number 1847850, MUMUSO (the Trade Mark), in the name of Guangdong Saiman Investment Co Ltd (the Applicant). The opposition was brought under various sections of the *Trade Marks Act 1995* (Cth), including section 62A, which relates to applications made in bad faith. The decision was made by Robert Wilson, a Hearing Officer and Delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether the grounds of opposition raised by the Opponent had been established, particularly the ground under section 62A of the Act, which alleged that the application for registration of the Trade Mark was made in bad faith. The onus of proof rested on the Opponent, and the standard of proof was the balance of probabilities. The relevant date for determining the rights of the parties was 27 May 2017, the filing date of the Applicant's trade mark application.

The delegate found that the Opponent had established the ground of opposition under section 62A. The Opponent provided evidence that it had been operating retail stores under a similar trade mark since December 2014, with a significant international presence including Australia. The Applicant, while founded in 2013 and operating MINISO retail stores, also declared plans to operate a second chain of retail stores under the MUMUSO banner. The delegate concluded that the Applicant's application for the MUMUSO trade mark was made in bad faith, leading to the refusal of the application.

Consequently, the delegate refused to register the Trade Mark. As the Opponent was the successful party, it was awarded its costs against the Applicant in accordance with the *Trade Mark Regulations 1995* (Cth).