Re: Opposition by Winter Holding GmbH & Co KG to registration of trade mark application number 1964940 (class 25) - Betty BAustralian Securities and Investments CommissionS (figurative) in the name of SASS Clothing Pty Ltd

The Australian Securities and Investments Commission (ASIC) heard an opposition by Winter Holding GmbH & Co KG against the registration of the trade mark application number 1964940, a figurative mark depicting "Betty B", in the name of SASS Clothing Pty Ltd. The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth).

The primary legal issues before ASIC were whether the applicant's trade mark was substantially identical or deceptively similar to any earlier trade marks under section 44 of the Act, and whether the applicant had applied for the trade mark in good faith under section 58A of the Act.

ASIC considered the evidence presented by both parties regarding the alleged earlier trade marks and the circumstances surrounding the application. It was found that the grounds of opposition under sections 44 and 58A were not established on the facts presented. Consequently, ASIC determined that the opposition failed.

The opposition was dismissed, and the trade mark application number 1964940 was allowed to proceed to registration.