Angel Gowns Australia Incorporated v Angel Gowns for Australian Angel Babies Inc

This decision concerns an application to register two trade marks, applications 1708250 and 1706628, by Angel Gowns Australia Incorporated. The applications were opposed by Angel Gowns for Australian Angel Babies Inc. The Registrar of Trade Marks was required to decide whether to register the trade marks.

The primary legal issue before the Registrar was whether the grounds on which the applications were opposed had been established, and consequently, whether the trade marks should be registered under section 55 of the relevant Act. The Registrar also had to consider the question of costs.

Applying section 55(1) of the Act, the Registrar considered the extent to which the grounds of opposition were established. Having regard to this assessment, the Registrar refused to register both trade mark applications. The Registrar also awarded costs against the Applicant in favour of the successful Opponent, to be assessed on the official scale in Schedule 8 to the Trade Mark Regulations 1995.