Aldi Foods Pty Ltd v Moroccanoil Israel Ltd

Aldi Foods Pty Ltd (the applicant) sought to register a trade mark, application number 1463962. Moroccanoil Israel Ltd (the opponent) opposed this application. The decision was made by Bianca Irgang.

The primary legal issue before the Registrar was whether the applicant's trade mark application should be registered, having regard to the grounds of opposition raised by the opponent. Specifically, the Registrar was required to determine if the opponent had established any grounds for opposing the registration of the trade mark.

The Registrar found that the opponent had discharged the onus of proof in relation to the ground of opposition under section 41 of the relevant Act. Consequently, the Registrar refused to register the trade mark application. The Registrar also ordered that the applicant pay the opponent's costs, applying the usual principle that costs follow the event.