Bio Living International Pty Ltd v Deborah Ann Cardona

Bio Living International Pty Ltd (the Applicant) sought to register a trade mark, which was opposed by Deborah Ann Cardona (the Opponent). The proceedings were before the Registrar of Trade Marks.

The Registrar was required to decide whether to register the trade mark, having regard to the grounds on which the application was opposed and the extent to which those grounds were established.

The Registrar determined that the grounds of opposition were established and, accordingly, refused to register the trade mark pursuant to section 55(1)(a) of the Act. As the Opponent was successful in the opposition, the Registrar awarded costs against the Applicant on the official scale, as permitted by section 221 of the Act.