Re: Opposition by Somfy Activites SA to registration of trade mark application 1869357 (9) - Intey- in the name of Changchun Chengji Technology CO., Ltd

This matter concerned an opposition by Somfy Activites SA to the registration of the trade mark application number 1869357, "Intey", in the name of Changchun Chengji Technology CO., Ltd, before the Delegate of the Registrar of Trade Marks.

The primary legal issue before the Delegate was whether the ground of opposition raised by Somfy Activites SA, pursuant to section 44 of the *Trade Marks Act 1995* (Cth), had been established. This section deals with the registration of trade marks that are identical or deceptively similar to earlier trade marks.

The Delegate found that the opponent had established the ground of opposition under section 44 of the Act. In reaching this decision, the Delegate noted that neither party had filed evidence or submissions, nor had the applicant raised the possibility of amending its application. Given that the opposition was established for a significant majority of the applicant's Class 9 goods and there was no compelling reason to suggest an amendment was warranted, the Delegate determined it was not appropriate to offer an amendment. The Delegate also noted that the applicant could pursue registration for a narrower range of goods based on its existing use.

Accordingly, the Delegate refused to register the trade mark application. The Delegate also awarded costs against the applicant in favour of the opponent, applying the general rule that costs follow the event.