Apco Service Stations Pty Ltd v Ampol Management Services Pte Ltd

Apco Service Stations Pty Ltd (the Opponent) opposed three trade mark applications by Ampol Management Services Pte Ltd (the Applicant). The grounds of opposition relied upon were under sections 44, 60, and 42(b) of the *Trade Marks Act 1995* (Cth). The decision was made by Hearing Officer Nicole Worth.

The court was required to determine whether any of the grounds of opposition advanced by Apco Service Stations Pty Ltd had been established. Specifically, the court had to consider if the trade marks were, by reason of the grounds of opposition, disentitled to registration.

The Hearing Officer found that the Opponent had failed to establish any of the grounds of opposition it nominated. Section 55 of the *Trade Marks Act 1995* mandates that the Registrar must decide to refuse or register a trade mark having regard to the extent to which any ground of opposition has been established. In this instance, as no grounds were established, the trade mark applications were permitted to proceed to registration. The Applicant was awarded costs in accordance with the general rule that costs follow the event.