Re: Opposition by Sigfox to registration of trade mark application number 1713786 (classes 9 and 42) Sigbox in the name of Macquarie Telecom Pty Ltd

This matter concerned an opposition by Sigfox to the registration of the trade mark SIGBOX, filed by Macquarie Telecom Pty Ltd, in classes 9 and 42. The opposition was heard by delegate Adrian Richards of the Trade Marks Office.

The primary legal issue was whether the grounds of opposition raised by Sigfox were established. These grounds included claims of deception or confusion under section 42(b) of the *Trade Marks Act 1995* (Cth), similarity of marks and goods/services under section 44, and claims relating to prior use and bad faith under sections 58 and 60, as well as section 62A concerning deceptive or confusing marks.

The delegate considered each ground of opposition. In relation to section 42(b), the delegate found no likelihood of deception or confusion given the differences in the marks and the distinct nature of the respective businesses. For section 44, the delegate determined that while there was some similarity between the marks, the goods and services were sufficiently different to avoid a finding of deception or confusion. The grounds under sections 58, 60, and 62A were also dismissed, with the delegate finding no evidence of prior use that would prevent registration or any other basis for opposition under these sections.

Ultimately, the delegate found that no ground of opposition had been established and ordered that the trade mark application proceed to registration.