Sharetea Australia Pty Ltd v Lian Fa International Dining Business Corporation

Sharetea Australia Pty Ltd (the applicant) opposed the registration of two trade mark applications by Lian Fa International Dining Business Corporation (the opponent) in relation to food and beverage services. The applicant sought to rely on grounds including deceptive resemblance, likely to deceive or cause confusion, and use of the mark by the opponent being contrary to law. The matter came before Katrina Brown of the Federal Court of Australia.

The primary legal issues before the Court were whether the opponent's trade mark applications should be refused registration under sections 42(b), 43, 58, 59, and 60 of the *Trade Marks Act 1995* (Cth). Specifically, the Court had to determine if the opponent's proposed marks were deceptively similar to the applicant's registered marks, if their use would be likely to deceive or cause confusion, or if their registration would be contrary to law.

In her reasoning, Katrina Brown found that the applicant had failed to establish any of the grounds for opposition. The Court concluded that there was no deceptive resemblance between the applicant's and opponent's marks, nor was there a likelihood of deception or confusion among consumers. Consequently, the Court held that the opponent's trade mark applications were not barred from registration under the relevant provisions of the *Trade Marks Act 1995* (Cth). The applications were therefore permitted to proceed to registration.