Alpargatas SA v BHC Origin Trading (Australia) Pty Ltd

Alpargatas SA, the opponent, opposed the registration of a trade mark by BHC Origin Trading (Australia) Pty Ltd, the applicant, under section 52 of the *Trade Marks Act 1995* (Cth). The opposition was pursued on grounds including sections 42(b), 44, 60, and 62A of the Act. The decision was made by Benjamin Goldsworthy.

The primary legal issue before the court was whether any of the grounds of opposition raised by Alpargatas SA had been established, thereby preventing the registration of BHC Origin Trading's trade mark.

The court determined that the opponent had not established any of the grounds upon which the opposition was based. Consequently, under section 55 of the *Trade Marks Act 1995* (Cth), the Registrar was directed to register the trade mark. The court also ordered that registration should not occur until any appeal had been decided or discontinued, and awarded costs against the opponent in favour of the applicant.