Re: Opposition by Wild Environmental Consultants Pty Ltd to registration of trade mark application 1993747 (35, 42, 44) - wildPLAN - in the name of Wildplan Pty Ltd

This decision concerns an opposition by Wild Environmental Consultants Pty Ltd to the registration of the trade mark "wildPLAN" (application no. 1993747) by Wildplan Pty Ltd. The opposition was brought before the Delegate of the Registrar of Trade Marks.

The primary legal issues before the Delegate were whether the proposed trade mark was deceptive or confusing under section 43 of the *Trade Marks Act 1995* (Cth), and whether it should be refused registration under sections 44 and 58A of the Act. The opponent contended that the mark, when used in relation to the applicant's services, would likely lead to deception or confusion.

The Delegate considered the grounds of opposition, including section 43, and was not satisfied that the use of the trade mark in relation to the applicant's services would create an apparent connotation likely to result in deception or confusion. Consequently, the Delegate found that the ground of opposition under section 43 had not been established, and by extension, that the opponent had failed to establish any of the nominated grounds of opposition.

The Delegate ordered that trade mark application no. 1993747 may proceed to registration, subject to a one-month waiting period unless an appeal is filed. The applicant was awarded costs against the opponent.