Re Oppositions by Sandalford Wines Pty Ltd to registration of trade mark applications 1895044 (32, 33, 35) Saford (figurative) and 1895045 Saford (32, 33, 35) both in the name of Saford Wines Pty Ltd

Sandalford Wines Pty Ltd opposed the registration of two trade mark applications, 1895044 (a figurative mark) and 1895045 (a word mark), both for the mark "Saford" and covering classes 32, 33, and 35. The applications were filed by Saford Wines Pty Ltd. The opposition proceedings were heard by Robert Wilson, acting as delegate for the Registrar of Trade Marks.

The primary legal issues before the delegate were whether the opposed trade marks should be refused registration under various sections of the *Trade Marks Act 1995* (Cth). Specifically, the delegate considered grounds of opposition under sections 42(b) (deceptively similar to a registered trade mark), 44 (identical or deceptively similar to an earlier trade mark), 58 (not the property of the applicant or not used by the applicant), and 60 (deceptively similar to a trade mark that has been used in Australia).

The delegate found that Sandalford Wines Pty Ltd had not established any of the grounds of opposition. In relation to section 42(b), the delegate determined that the opposed marks were not deceptively similar to any registered trade marks owned by Sandalford Wines. Similarly, under section 44, the delegate concluded that the opposed marks were not identical or deceptively similar to any earlier trade marks relied upon by Sandalford. The delegate also found no evidence to support the claims under section 58 regarding ownership or use, nor under section 60 concerning prior use of a deceptively similar mark.

As no grounds of opposition were successfully established, the delegate ordered that the trade mark applications proceed to registration.