Re: Opposition by TomTom International B.V to registration of trade mark application number 1829932 (class 18) – TOMTOC - in the name of Shenzhen Tomtoc technology Co., Ltd.

This matter concerned an opposition by TomTom International B.V. to the registration of the trade mark application number 1829932, "TOMTOC", in class 18, filed by Shenzhen Tomtoc Technology Co., Ltd. The opposition was heard by Louise Tuohy, acting as delegate for the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the applicant's trade mark should be refused registration under various provisions of the *Trade Marks Act 1995* (Cth). Specifically, the opponent relied on sections 42(b), 44, 60, and 62A of the Act.

The delegate found that the opponent had established grounds for opposition under section 60 of the Act. This section prohibits the registration of a trade mark if it is identical or deceptively similar to a trade mark that has, by reason of its use or reputation acquired before the filing date of the application, become well known in Australia. The delegate was satisfied that the opponent's trade mark "TomTom" had acquired a significant reputation in Australia by the filing date of the application, and that the applicant's mark "TOMTOC" was deceptively similar to it, leading to a likelihood of deception or confusion among consumers.

Consequently, the delegate refused the registration of the trade mark application number 1829932.