Aktiebolaget SKF v Yan Jing Xiang

Aktiebolaget SKF (the Opponent) opposed the extension of protection of a trade mark to Australia by Yan Jing Xiang (the Holder). The dispute concerned whether the grounds of opposition raised by Aktiebolaget SKF were established. The decision was made by M. Cooper.

The legal issue before the court was to determine whether the grounds on which the International Registration Designating Australia (IRDA) was opposed had been established, and consequently, whether to refuse or extend protection for the trade mark in Australia.

The court found that the Opponent had not established any of its grounds of opposition. Accordingly, the court directed that protection of the trade mark be extended to Australia in respect of all the goods listed in the IRDA, one month from the date of the decision. The court also made provision for the possibility of an appeal, directing that extension of protection would be stayed until any appeal was decided or discontinued. As the successful party, the Holder was awarded costs against the Opponent.