Ready Fence Franchising Pty Ltd v Bishop Devenport Pty Ltd as trustee for the Bishop Devenport Unit Trust

Ready Fence Franchising Pty Ltd (the applicant) sought to register a trade mark. Bishop Devenport Pty Ltd as trustee for the Bishop Devenport Unit Trust (the opponent) opposed this application. The matter came before Anne Makrigiorgos in the Federal Court of Australia.

The court was required to determine whether the applicant had established any grounds for opposing the registration of the trade mark under section 52 of the *Trade Marks Act 1995* (Cth). Specifically, the court considered arguments relating to sections 44, 58, and 62A of the Act, as well as section 62(b). The court also considered whether section 58A was applicable to the circumstances.

The court found that no ground of opposition had been established by the opponent. The reasoning involved an analysis of the evidence and submissions presented in relation to each of the grounds raised. Ultimately, the court concluded that the trade mark should be registered, but subject to a limitation restricting its application to the State of South Australia.