Americana International Limited v Suyen Corporation

Americana International Limited (the applicant) sought to register a trade mark, and Suyen Corporation (the opponent) opposed this application. The dispute concerned the registrability of the applicant's proposed trade mark. The decision was made by Debrett Lyons, a Hearing Officer in the Trade Marks Hearings.

The primary legal issue before the Hearing Officer was whether the applicant had discharged the onus of proving that the ground of opposition under section 59 of the *Trade Marks Act 1995* (Cth) was not established. This section relates to the distinctiveness of a trade mark.

The Hearing Officer found that the applicant had failed to meet the required onus of proof. Consequently, the ground of opposition under section 59 was established, leading to the conclusion that the opposition succeeded. The application for the trade mark was therefore refused. The Hearing Officer also ordered that the applicant pay the opponent's costs according to the official scale.