Solve Legal Pty Ltd v St Hilliers Commercial Realty Pty Ltd

Solve Legal Pty Ltd (the opponent) opposed the registration of a trade mark by St Hilliers Commercial Realty Pty Ltd (the applicant) under section 52 of the *Trade Marks Act 1995* (Cth). The opposition concerned the applicant's proposed trade mark, which was sought to be registered for services including property development, leasing, and management. The opponent relied on grounds of opposition under sections 44, 58A, and 60 of the Act.

The primary legal issues before the court were whether the opponent had established any of the grounds for opposition. Specifically, the court had to determine if the applicant's proposed trade mark was substantially identical with or deceptively similar to the opponent's earlier trade marks (section 44), if the applicant had used its trade mark in a way that would be likely to deceive or cause confusion (section 58A), or if the applicant's trade mark was identical or deceptively similar to a trade mark that had acquired a reputation in Australia (section 60).

The court found that the opponent had failed to establish any of the grounds for opposition. In relation to section 44, the court concluded that the applicant's proposed trade mark was neither substantially identical with nor deceptively similar to the opponent's earlier trade marks. The assessment under section 58A also did not favour the opponent, as the court found no evidence of use by the applicant that would be likely to deceive or cause confusion. Similarly, the requirements for establishing opposition under section 60, which necessitates a reputation in an earlier trade mark, were not met by the opponent.

Consequently, the court ordered that the opposition be dismissed and that the applicant's trade mark proceed to registration.