Shenzhen Futu Network Technology Co Ltd v Tingting Chen

Shenzhen Futu Network Technology Co Ltd (the applicant) sought to register the trade mark "FUTU" in relation to financial services. Tingting Chen (the opponent) opposed the application under section 52 of the *Trade Marks Act 1995* (Cth), relying on grounds including sections 42(b), 58, 59, and 62A. The matter came before Tracey Berger J in the Federal Court of Australia.

The primary legal issue before the Court was whether the applicant's proposed trade mark should be registered, particularly in light of the opponent's opposition. Specifically, the Court was required to determine if the grounds of opposition, including those under sections 42(b), 58, 59, and 62A of the Act, were established. The Court's focus was on whether the registration of the mark would be likely to deceive or cause confusion, or if it was otherwise disentitled to registration.

Her Honour found that the opponent had successfully established the ground of opposition under section 62A of the *Trade Marks Act 1995* (Cth). This section relates to the registration of a trade mark that is identical or deceptively similar to a trade mark that has been used by another person in Australia, and where the applicant is aware of that use. The Court's reasoning, though not detailed in the provided text, led to the conclusion that the applicant's proposed mark was disentitled to registration on this basis.

Consequently, the Court ordered that the trade mark application be refused.