Blue River Finance Pty Ltd v Lendi Pty Ltd

Blue River Finance Pty Ltd, the opponent, opposed the registration of a trade mark by Lendi Pty Ltd, the applicant, before the Delegate of the Registrar of Trade Marks. The opposition was based on grounds pursued under sections 42(b), 44, and 60 of the *Trade Marks Act 1995* (Cth).

The Delegate was required to determine whether any of the grounds of opposition advanced by Blue River Finance Pty Ltd had been established.

The Delegate found that the opponent had not established any of the grounds of opposition. Applying section 55 of the *Trade Marks Act 1995* (Cth), which mandates the Registrar to decide to refuse or register a trade mark having regard to the extent to which any ground of opposition has been established, the Delegate determined that the trade mark application could proceed to registration. The Delegate also ordered that costs follow the event, awarding costs against the opponent in accordance with the *Trade Marks Regulations 1995* (Cth).