Re: Oppositions by Caddee Pty Ltd to registration of trade mark application number 1945231 (class 41) and application to extend protection to Australia of International Registration Designating Australia..

The decision concerned oppositions filed by Caddee Pty Ltd against the registration of trade mark application number 1945231 and an application to extend protection to Australia of an International Registration Designating Australia (IRDA), identified as trade mark number 1970615. The matter was heard by M. Cooper.

The legal issues before the court were whether the grounds of opposition raised by Caddee Pty Ltd under sections 52, 42(b), 43, 58, and 60 of the *Trade Marks Act 1995* (Cth) and regulation 17A.33 of the *Trade Marks Regulations 1995* (Cth) had been established.

The court found that Caddee Pty Ltd had failed to establish any of the grounds of opposition. Consequently, the court ordered that protection for trade mark number 1970615 be extended to Australia, subject to a one-month period during which an appeal could be lodged. The court also awarded costs against Caddee Pty Ltd in relation to trade mark number 1945231 and reduced costs in relation to trade mark number 1970615, referencing the principles applied in *Hume Industries (Malaysia) Berhard v James Hardie & Coy Pty Ltd*.