Sayed Jaffar Musawi and Sayed Mohammad Agha Musawi v Agha Juice Sydney Road Pty Ltd

This matter concerned an opposition by Agha Juice Sydney Road Pty Ltd (the Opponent) against the registration of two trade marks by Sayed Jaffar Musawi and Sayed Mohammad Agha Musawi (the Applicants). The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth), with grounds raised under sections 41, 43, 58, 60, and 62A of the Act. The proceedings were heard by Timothy Brown, a delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether the Opponent had established any of the grounds of opposition relied upon, which would preclude the registration of the Applicants' trade marks. Specifically, the delegate was required to assess the evidence presented by both parties in relation to the alleged distinctiveness, descriptiveness, and potential for deception or confusion concerning the Applicants' proposed trade marks, in light of the Opponent's existing use of its trade marks.

The delegate found that the Opponent had not established any of the nominated grounds of opposition. The reasoning involved an assessment of the evidence, including declarations from the Opponent's director, which detailed the Opponent's business operations and the origin of the "Agha Juice" brand. The delegate concluded that the evidence did not support the claims of distinctiveness or the grounds for opposition under the relevant sections of the Act.

Consequently, the delegate ordered that the Applicants' trade marks, numbers 1983911 and 1983919, be permitted to proceed to registration one month from the date of the decision, unless a notice of appeal was filed. The Opponent was also ordered to pay the Applicants' costs.