Re: Opposition by Thrive Collective Pty Ltd to registration of trade mark application no. 1870412 (5) - Kids Thrive in the name of The Ausray Group Pty Ltd

This matter concerned an opposition by Thrive Collective Pty Ltd to the registration of trade mark application no. 1870412, for the mark "Kids Thrive", filed by The Ausray Group Pty Ltd. The opposition was heard by Bianca Irgang, a Hearing Officer.

The primary legal issue before the Hearing Officer was whether the opposition ground under section 44 of the *Trade Marks Act 1995* (Cth) had been established. Section 44 deals with the registration of trade marks that are identical or deceptively similar to earlier trade marks.

The Hearing Officer determined that the opponent, Thrive Collective Pty Ltd, had successfully established the ground of opposition under section 44 of the Act. Consequently, the Hearing Officer decided to refuse the registration of the trade mark application. The Hearing Officer also awarded costs against the applicant, The Ausray Group Pty Ltd, in accordance with the usual principle that costs follow the event, and as provided for under section 221 of the Act and Schedule 8 of the Regulations.