The Mosaic Company v Wengfu Australia Pty Ltd

The Mosaic Company (Opponent) opposed the registration of a trade mark by Wengfu Australia Pty Ltd (Applicant) under section 52 of the *Trade Marks Act 1995* (Cth). The opposition was heard by Tracey Berger J in the Federal Court of Australia.

The court was required to determine whether the Opponent had established any of the nominated grounds of opposition, specifically those under sections 42(b), 44, 60, and 62A of the Act. The onus was on the Opponent to prove at least one of these grounds on the balance of probabilities, with the relevant date for assessing the parties' rights being the filing and priority date of the Applicant's trade mark.

The court found that the Opponent had not established any of the grounds of opposition relied upon. Consequently, the trade mark was permitted to proceed to registration.