A.D. Padmasingh Isaac trading as Aachi Spices and Foods v Ragopika Pty Ltd (‘Padmasingh')

This matter concerned an opposition by Ragopika Pty Ltd (the Opponent) to the registration of a trade mark by A.D. Padmasingh Isaac trading as Aachi Spices and Foods (the Applicant). The Applicant sought to register the trade mark ‘AACHI’ in relation to food-related goods. The Opponent relied on several grounds of opposition under the *Trade Marks Act 1995* (Cth), including sections 42, 44, 58, 60, and 62A, with a focus on section 60.

The primary legal issue before the Hearing Officer was whether the Opponent had established a ground for opposing the Applicant's trade mark application. Specifically, the court was required to determine if the Opponent's trade mark, which also featured the word ‘AACHI’, had acquired a reputation in Australia prior to the Applicant's priority date, and if the use of the Applicant's mark was likely to deceive or cause confusion due to that reputation, as contemplated by section 60 of the Act.

The Hearing Officer found that the Opponent had successfully established a ground of opposition under section 60 of the *Trade Marks Act 1995*. The evidence demonstrated that the Opponent, through its global expansion in food-related goods and restaurant services, owned an Australian trade mark registration for ‘AACHI’ and had pending applications for related marks, all with a priority date preceding the Applicant's application. The Hearing Officer accepted that the word ‘Aachi’ had acquired a reputation in Australia, and that the use of the Applicant's mark was likely to deceive or cause confusion. Consequently, the Hearing Officer refused to register the Applicant's trade mark.

As the Opponent was the successful party, the Hearing Officer awarded costs against the Applicant on the official scale.