Australian Rugby League Commission Ltd v Enterprise above & beyond Ltd

The Australian Rugby League Commission Ltd (the Opponent) opposed the registration of a trade mark by Enterprise above & beyond Ltd (the Applicant). The dispute concerned the Opponent's claim that the Applicant's trade mark should not be registered. The decision was made by Adrian Richards.

The court was required to determine whether any grounds of opposition had been established by the Opponent. Specifically, the court considered whether the Opponent had successfully demonstrated that the Applicant's trade mark should be refused registration, having regard to the evidence and submissions presented.

The court found that the Opponent had not established any ground of opposition. While the Opponent had nominated five trade marks as part of its Statement of Grounds and Particulars (SGP), only one trade mark had a priority date that could potentially be considered. However, the Opponent failed to make submissions or file evidence in relation to this trade mark. Consequently, the court decided to register the trade mark, subject to a one-month delay from the date of the decision to allow for any potential appeal. The court also awarded costs against the Opponent in favour of the Applicant.