Barossa Valley Estate Pty Ltd v Australian Vintage Limited

Barossa Valley Estate Pty Ltd (the Applicant) sought to register a trade mark, and Australian Vintage Limited (the Opponent) opposed this application. The decision was made by Iain Campbell Thompson.

The central legal issue before the court was whether any of the grounds of opposition raised by the Opponent had been established, which would determine whether the Applicant's trade mark application could proceed to registration.

The court found that the Opponent had not established any of the grounds on which it opposed the application. Consequently, under subsection 55(1) of the Act, the Registrar was directed to register the trade mark. The court further ordered that registration should not occur until any potential appeal had been decided, and that the Applicant was entitled to its costs, awarded at the Official Scale.