A Local Group Pty Ltd v Regan Long and Sarah Fenson

This decision concerned an opposition to the registration of a trade mark application, number 2135001, brought by A Local Group Pty Ltd against the proposed registration by Regan Long and Sarah Fenson. The Registrar was required to determine whether any of the grounds of opposition raised by A Local Group Pty Ltd had been established.

The primary legal issue before the Registrar was whether the grounds of opposition, as nominated under section 52 of the *Trade Marks Act 1995* (Cth), were established. The Registrar also considered sections 59, 60, and 62A of the Act in relation to the opposition.

The Registrar determined that none of the grounds of opposition nominated by A Local Group Pty Ltd had been established due to a lack of evidence. Consequently, pursuant to section 55(1) of the *Trade Marks Act 1995* (Cth), the Registrar decided that the trade mark application could proceed to registration. The Registrar ordered that registration should not occur for at least one month from the date of the decision, unless a notice of appeal was served, in which case registration would be stayed pending the outcome of the appeal.