Re: Opposition by Phillibourne Pty Ltd to registration of trade mark application number 1875376 (class 7) - iPaddock Industries Turbodrum (Figurative) in the name of IP Machinery Pty Ltd

This matter concerned an opposition by Phillibourne Pty Ltd to the registration of the trade mark application number 1875376, known as "iPaddock Industries Turbodrum (Figurative)", in class 7, filed by IP Machinery Pty Ltd. The opposition was heard by Kate Doherty.

The primary legal issues before the Court were whether the trade mark should be refused registration under sections 43, 58, and 62A of the *Trade Marks Act 1995* (Cth). Specifically, the opponent alleged that the trade mark was likely to deceive or cause confusion (section 43), that the applicant did not intend to use the trade mark in Australia (section 58), and that the applicant was not the person entitled to registration (section 62A).

The Court found that none of the grounds of opposition were established. In relation to section 43, the Court determined that there was no likelihood of deception or confusion among consumers. Regarding section 58, the Court was satisfied that the applicant had the intention to use the trade mark in Australia. Finally, concerning section 62A, the Court concluded that the applicant was entitled to registration. Consequently, the opposition was dismissed, and the trade mark application was allowed to proceed to registration.