Andando Pty Ltd v DDT Liners (Australia) Pty Ltd

Andando Pty Ltd, the applicant, sought to register a trade mark, while DDT Liners (Australia) Pty Ltd opposed the application. The decision was made by the Registrar, acting under section 55 of the relevant Act.

The central legal issue before the Registrar was whether the grounds of opposition raised by DDT Liners (Australia) Pty Ltd had been established to any extent, thereby requiring the Registrar to refuse registration of the trade mark.

The Registrar reasoned that each ground of opposition requires evidence to be satisfied. In the absence of any evidence supporting the grounds of opposition, the Registrar concluded that the opposition could not be regarded as having been established to any extent. Consequently, the Registrar decided to register the trade mark. The Registrar further directed that registration would not occur for one month, allowing for a potential appeal, and stipulated that if an appeal were filed, registration would be stayed pending the outcome of the appeal.