Re: Opposition by Sylka Limited to registration of trade mark application number 1868877 (class 27) Nusilk in the name of Fyber Flooring Pty Ltd

Sylka Limited opposed the registration of the trade mark "Nusilk" (application number 1868877) in Class 27, filed by Fyber Flooring Pty Ltd. The opposition was heard by Katrina Brown, acting as delegate for the Registrar of Trade Marks.

The primary legal issues before the delegate were whether the trade mark should be refused registration on the grounds of opposition under section 52 of the *Trade Marks Act 1995* (Cth). Specifically, Sylka Limited pursued grounds under sections 42(b) (deceptiveness), 58 (prior use), 59 (distinctiveness), 60 (deceptiveness by reason of use), and 62A (bad faith).

The delegate found that the ground of opposition under section 58 was established in respect of some of the goods within Class 27. However, none of the other grounds of opposition were established. The applicant, Fyber Flooring Pty Ltd, was afforded an opportunity to amend the specification of goods. Following this amendment, the delegate determined that the trade mark should proceed to registration.