uFaktory Oy v The Black Fives Foundation

The Federal Court of Australia, in a decision by Tracey Berger J, considered an opposition by uFaktory Oy to an application by The Black Fives Foundation for an extension of protection for its Australian trade mark under regulation 17A.33 of the *Trade Marks Regulations 1995* (Cth). The opposition was based on grounds including alleged non-use of the trade mark for certain goods.

The primary legal issue before the Court was whether the applicant, The Black Fives Foundation, had established sufficient use of its trade mark in relation to the goods for which it sought an extension of protection, particularly in light of the grounds of opposition raised by uFaktory Oy. This involved an examination of sections 58 and 60 of the *Trade Marks Act 1995* (Cth), which relate to the use of trade marks.

The Court found that the applicant had successfully demonstrated use of the trade mark for some of the goods specified in the application. However, for certain other goods, the evidence of use was insufficient to satisfy the requirements of section 58 of the Act. Consequently, the Court allowed the extension of protection but restricted it to those goods for which use had been proven.