Associated Kiln Driers Pty Ltd v Hyne & Son Pty Ltd

This decision concerns an application for registration of a trade mark by Associated Kiln Driers Pty Ltd (the Applicant) and opposition by Hyne & Son Pty Ltd (the Opponent). The matter came before the Registrar of Trade Marks.

The primary legal issue before the Registrar was whether to register the Applicant's trade mark, having regard to the grounds of opposition raised by the Opponent. The Registrar was required to determine the extent to which any ground of opposition had been established.

The Registrar found that the opposition to the registration of the trade mark had not been established. Accordingly, pursuant to section 55 of the Act, the Registrar decided to register the trade mark. The Registrar also awarded costs against the Opponent in favour of the Applicant, as the successful party, on the official scale. Registration was to proceed one month from the date of the decision, unless a notice of appeal was served, in which case registration would be stayed pending the outcome of the appeal.