Stronghold Fellowship Incorporated v Shenzhen Huangchao Apparel Co., Ltd

This matter concerned an opposition filed by Stronghold Fellowship Incorporated (the Opponent) against the trade mark application of Shenzhen Huangchao Apparel Co., Ltd (the Applicant). The Opponent sought to prevent the registration of the Applicant's trade mark on the grounds of opposition under section 44 of the *Trade Marks Act 1995* (Cth). The decision was made by Nicholas Smith, a Delegate of the Registrar of Trade Marks.

The primary legal issue before the Delegate was whether the Opponent had established its ground of opposition under section 44 of the *Trade Marks Act 1995* (Cth). This section generally requires the opponent to demonstrate that the registration of the applicant's trade mark would be likely to deceive or cause confusion because it is identical or deceptively similar to an earlier trade mark in which the opponent has rights.

The Delegate reasoned that the Opponent had failed to satisfy the requirements of section 44. The Delegate found that the Applicant's goods were of a different nature and purpose, and in some instances, sold through different channels, compared to the Opponent's goods. Consequently, the necessary connection or similarity for the ground of opposition to succeed was not established. The Delegate also addressed a claim of confidentiality over the evidence, adopting the approach of a previous decision that such claims must be specific and that the evidence as a whole satisfied the Delegate of various matters relevant to the decision.

The Delegate ordered that the Applicant's trade mark application, number 2172143, may proceed to registration not less than one month from the date of the decision, subject to any notice of appeal. The Opponent was ordered to pay the Applicant's costs.