Aldi Stores v Kaldi Coffee Pty Ltd

Aldi Stores Pty Ltd (the opponent) opposed the registration of a trade mark by Kaldi Coffee Pty Ltd (the applicant). The dispute concerned whether the applicant's trade mark should be registered. The decision was made by Iain Thompson, a Hearing Officer at Trade Marks Hearings.

The primary legal issue before the Hearing Officer was to determine whether any of the grounds on which the opposition was based had been established, pursuant to section 55 of the *Trade Marks Act 1995* (Cth). This section mandates that the Registrar must decide to refuse or register a trade mark, with or without conditions, having regard to the extent to which any ground of opposition has been established.

The Hearing Officer found that the opponent had not established its opposition on any of the grounds pressed at the hearing, specifically noting that the section 60 ground was not established. Consequently, the Hearing Officer decided that the opposed trade mark could proceed to registration one month from the date of the decision, unless an appeal was filed. The Hearing Officer also awarded costs against the opponent, applying the general rule that costs follow the event.