Rick Keith Marton v The Udder Way IP Pty Ltd

Rick Keith Marton (the opponent) opposed the registration of a trade mark by The Udder Way IP Pty Ltd (the applicant) under section 52 of the *Trade Marks Act 1995* (Cth). The opposition was based on a ground under section 58 of the Act. The matter came before Benjamin Goldsworthy J in the Federal Court of Australia.

The primary legal issue before the Court was whether the opponent had established the ground of opposition under section 58 of the *Trade Marks Act 1995* (Cth). This section concerns the use of a trade mark by a person other than the registered owner, or by the owner in a way that is likely to deceive or cause confusion.

His Honour found that the opponent had failed to adduce any evidence to support the section 58 ground of opposition. In the absence of such evidence, the Court could not be satisfied that the ground of opposition was established. Consequently, the opposition failed on this basis.

The Court ordered that the opposition be dismissed and that the opponent pay the applicant's costs.