Angie Cleone v Society of the Golden Keys Australia Les Clefs D'Or Australia Inc

This matter concerned oppositions filed by Angie Cleone (the Opponent) against the registration of two trade marks, numbers 1969462 and 1969463, by Society of the Golden Keys Australia Les Clefs D'Or Australia Inc (the Applicant). The oppositions were brought under section 52 of the *Trade Marks Act 1995* (Cth), with grounds pursued under sections 42(b), 44, and 60 of the Act.

The primary legal issue before the Registrar was whether any of the grounds of opposition advanced by the Opponent had been established. The Registrar was required to determine whether the Applicant's trade marks should be refused registration or permitted to proceed to registration, having regard to the extent to which any ground of opposition was proven.

The Registrar, Katrina Brown, found that the Opponent had not established any of the grounds of opposition, including the ground under section 42(b). Applying section 55 of the Act, which mandates the Registrar to decide whether to refuse or register a trade mark based on established grounds of opposition, the Registrar determined that the trade marks could proceed to registration. The Registrar also ordered that costs follow the event, awarding costs against the Opponent in accordance with section 221 of the Act and the relevant regulations, with a direction for reduced costs in relation to one trade mark, referencing a previous decision. Registration was to occur one month from the decision date, unless a notice of appeal was filed, in which case registration would be stayed pending the appeal's outcome.