Adbri Masonry Group Pty Ltd v Ecopave Australia Holdings Pty Ltd

Adbri Masonry Group Pty Ltd, the applicant, sought to register a trade mark, while Ecopave Australia Holdings Pty Ltd was the opponent. The dispute concerned the registrability of the trade mark, with the opponent having opposed the application. The decision was made by Iain Thompson.

The primary legal issue before the Registrar was whether to register the trade mark, having regard to the grounds on which the application was opposed. This required the Registrar to determine the extent to which any of those grounds of opposition had been established.

The Registrar, applying section 55 of the relevant legislation, refused to register the trade mark. The Registrar found that the opponent had been successful in its opposition. Consequently, the opponent was awarded costs on the official scale against the applicant.