Wise Payments Limited v Bitwise Asset Management, Inc

Wise Payments Limited opposed the registration of the trade mark application BITWISE, filed by Bitwise Asset Management, Inc. The opposition was heard by Nicholas Smith, a delegate of the Registrar of Trade Marks. The dispute concerned the potential registration of the BITWISE mark for services including financial services, asset management, and investment services, which Wise Payments Limited argued should not proceed.

The court was required to determine several grounds of opposition. These included whether the use of the BITWISE mark would be contrary to law under section 42(b) of the *Trade Marks Act 1995* (Cth), whether the mark was deceptive or confusing under section 43, and whether it was substantially identical or deceptively similar to registered trade marks or prior applications under section 44 (or regulation 4.15A of the Regulations, which was substantively identical for the purposes of this decision). The opposition also raised grounds under section 60, relating to use and reputation.

The delegate found that Wise Payments Limited had failed to establish any of the grounds of opposition. Specifically, regarding the ground under section 42(b), the delegate was not satisfied that the use of the BITWISE mark by the applicant would be contrary to law. The delegate also concluded that the opponent had not established the grounds under sections 43, 44, or 60. Consequently, the delegate ordered that trade mark application number 2167015 could proceed to registration, subject to a one-month waiting period to allow for any appeal. The delegate also awarded costs against the Opponent in favour of the Applicant.