Catchwords:

TRADE MARKS – application for leave to appeal – leave to appeal granted – exercise of discretion under s 101(3) – statutory purpose of Pt 9 of the Trade Marks Act 1955 (Cth) – evidentiary basis for there being relevant prospect of confusion in the minds of consumers – whether the use of the mark after the non-use period “did not lack good faith” and was not “colourable” – weight put to the use of the mark on products after the non-use application was made – categorisation of “fish” and “fish products” as including mussels and oysters (molluscs) – whether use of trade mark by parent company was also use by the subsidiary – appeal dismissed

TRADE MARKS – application for extension of time – extension of time granted – application for leave to appeal – leave to appeal granted – exercise of discretion under s 44(3)(b) of the Trade Marks Act 1955 (Cth) – appeal allowed