Barry Plant Holdings Pty Ltd v Naked Real Estate Pty Ltd

This decision concerns an application to register trade marks, specifically application numbers 1727477 and 1727479, which were opposed by an opponent. The matter was heard by Debrett Lyons, a Hearing Officer, on 20 September 2018.

The primary legal issue before the Hearing Officer was whether to register the trade marks, having regard to the grounds of opposition that had been raised. The Hearing Officer was required to determine the extent to which any of these grounds of opposition had been established.

The Hearing Officer's reasoning was guided by section 55 of the relevant Act, which mandates a decision to either refuse or register a trade mark based on the established grounds of opposition. In this instance, the Hearing Officer found that the opponent had successfully established a ground of opposition. Consequently, the Hearing Officer refused to register the trade marks. Furthermore, the Hearing Officer awarded costs to the opponent, applying the general rule that costs follow the event, and specifying the method for assessing costs for the second opposition.