Yadea Technology Group Co., Ltd. v Kawasaki Motors, Ltd

Yadea Technology Group Co., Ltd. (the Opponent) opposed the extension of protection of an international registration (IRDA 1710761) to Australia, which had been sought by Kawasaki Motors, Ltd. (the Holder). The opposition was brought under the *Trade Marks Regulations 1995* (Cth) and relied on grounds including sections 42(b), 44, and 60 of the *Trade Marks Act 1995* (Cth).

The primary legal issue before the Registrar was whether any of the grounds of opposition were established, thereby requiring a decision on whether to refuse protection for the international registration in Australia, or to extend protection in respect of some or all of the goods and services listed. Specifically, the Registrar was required to determine if the Opponent had successfully established a ground of opposition under section 44 of the *Trade Marks Act 1995* (Cth).

The Registrar found that the Opponent had established a ground of opposition under section 44 of the *Trade Marks Act 1995* (Cth) in relation to all the goods and services for which protection was sought. Applying regulation 17A.34N of the *Trade Marks Regulations 1995* (Cth), which mandates a decision to refuse protection if grounds of opposition are established, the Registrar refused the extension of protection for IRDA 1710761. The Registrar also awarded costs to the Opponent, noting that costs typically follow the event and seeing no reason to depart from this general principle.