The applicant, Erdé Trailers Pty Ltd, applied to register the below mark in Class 12:
Erdé SAS opposed under sections 42, 58, 59, 60, 62 and 62A, but only section 58 was considered by the Hearing Officer.
It was decided that the opponent “has used an identical trade mark and that it has made a genuine offer to sell goods bearing that trade mark in Australia prior to the filing dates of the applicant’s trade mark”. Further, the applicant itself, it appears, had imported and sold goods under the opponents trade mark in 2006.
The opposition was successful under the ground in s 58.
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