Xiaomi Inc v Mr Enhui Chen

This matter concerned an opposition filed by Xiaomi Inc. against the proposed registration of a trade mark by Mr Enhui Chen. The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth). The delegate, Louise Tuohy, was required to determine whether the grounds of opposition raised by Xiaomi Inc. were established.

The legal issues before the delegate included whether the proposed trade mark was likely to deceive or cause confusion under section 42(b), whether it was substantially identical or deceptively similar to existing registered trade marks under section 44, whether the opponent had established a reputation in its trade marks under section 60, and whether the opponent had established grounds for opposition under sections 58 and 62A of the Act.

The delegate considered each ground of opposition. In relation to section 42(b), the delegate found no likelihood of deception or confusion. For section 44, the delegate determined that the proposed mark was neither substantially identical nor deceptively similar to any of Xiaomi Inc.'s registered trade marks. The delegate also found that Xiaomi Inc. had not established sufficient reputation in its trade marks for the purposes of section 60. The remaining grounds under sections 58 and 62A were also not established.

Consequently, the delegate dismissed the opposition and ordered that the trade mark proceed to registration.