Becon Pty Ltd v Fast Company Distributors, Inc

This decision concerns an application by Becon Pty Ltd (the applicant) against Fast Company Distributors, Inc. (the opponent) regarding an application for an International Registration Designating Australia (IRDA) for goods in class 25. The dispute centred on whether the IRDA should be accepted or rejected.

The primary legal issue before the Hearings Officer was whether the opponent had established grounds for rejecting the IRDA under Regulation 17A.24(3)(b) of the relevant regulations. This required the Hearings Officer to determine if the opponent had demonstrated that the IRDA was not in accordance with the relevant division of the regulations or if there were other grounds for rejection. The Hearings Officer also considered a ground relating to a breach of the Trade Practices Act, but this was contingent on a separate ground under section 60 of the Act being made out, which it was not.

The Hearings Officer reasoned that as the opponent had not established any grounds for rejecting the IRDA, the Registrar was obliged to accept it, subject to any conditions or limitations. The Hearings Officer found that the opponent had failed to establish the necessary grounds for rejection under Regulation 17A.24(3)(b). Consequently, the Hearings Officer decided to extend protection to IRDA 1150876 for one month from the date of the decision, unless the Registrar was served with a notice of appeal within that period, in which case the extension of protection would be deferred until the appeal was resolved. The Hearings Officer also awarded costs against the opponent, as costs generally follow the event.