Sekkoia S.a.s v Shanghai Bloks Technology Group Co., Ltd

Sekkoia S.a.s. (the opponent) opposed the extension of protection of an international trade mark registration to Australia by Shanghai Bloks Technology Group Co., Ltd (the applicant). The opposition was brought under regulation 17A.33 of the *Trade Marks Regulations 1995* (Cth), relying on grounds under sections 42(b), 44, 60, and 62A of the *Trade Marks Act 1995* (Cth).

The primary legal issues before the court were whether the opponent had established grounds for opposition under the cited sections of the Act. Specifically, the court considered whether the applicant's trade mark was, at the filing date of the opposition, substantially identical or deceptively similar to the opponent's earlier trade marks (s 44), whether the applicant had used or intended to use the trade mark in a way that would be likely to deceive or cause confusion (s 42(b)), whether the opponent's trade mark was well known in Australia (s 60), and whether the registration of the applicant's trade mark would be contrary to law (s 62A).

The court found that the ground under section 44 was partially established, determining that the applicant's trade mark was substantially identical or deceptively similar to some of the opponent's earlier trade marks in relation to a subset of the goods and services for which protection was sought. The court did not find sufficient evidence to establish the grounds under sections 42(b), 60, or 62A. Consequently, the court ordered that the extension of protection be granted for the trade mark, but only in respect of the goods and services for which the opposition was not successful.