AAI Limited v Insurance Australia Group Limited

AAI Limited, as the opponent, opposed the registration of a trade mark by Insurance Australia Group Limited (the applicant) before the Registrar of Trade Marks. The dispute concerned whether the applicant's trade mark should be registered.

The primary legal issue before the Registrar was whether any of the grounds of opposition raised by AAI Limited had been established, thereby requiring the refusal of the trade mark application under section 55(1) of the *Trade Marks Act 1995* (Cth). Specifically, the Registrar was required to consider the grounds of opposition under sections 41 and 62A of the Act.

The Registrar found that the opponent had established a ground of opposition under section 41 of the *Trade Marks Act 1995*. Having established this ground, the Registrar determined it was unnecessary to consider the alternative ground of opposition under section 62A. Consequently, the Registrar refused to register the trade mark.

The Registrar also awarded costs against the applicant in favour of the opponent, applying the usual principle that costs follow the event.