Treastone Ltd v Redbeet Interactive AB

Treastone Ltd opposed the application by Redbeet Interactive AB for an extension of protection for its trade mark RAFT (figurative), registered under international registration number 1492395, in classes 9 and 41. The opposition was brought under regulation 17A.33 of the *Trade Marks Regulations 1995* (Cth).

The primary legal issue before the court was whether Redbeet Interactive AB had established that it had a legitimate interest in the extension of protection of its trade mark. This required the court to consider the nature of Redbeet Interactive AB's business activities and its use of the trade mark in relation to the goods and services for which protection was sought.

The court found that Redbeet Interactive AB had not demonstrated a legitimate interest in the extension of protection for its trade mark. The evidence presented did not establish that the company was actively engaged in or intended to engage in business activities that would justify the extension of protection for the RAFT trade mark in the specified classes. Consequently, the opposition was upheld.