Boehringer Ingleheim Pharma GmbH & Co . Kg v Johnson & Johnson

The decision concerns an opposition by Johnson & Johnson to the registration of a trade mark by Boehringer Ingelheim Pharma GmbH & Co. Kg. The Registrar of Trade Marks was required to determine whether to refuse or register the trade mark, having regard to the grounds of opposition raised by Johnson & Johnson.

The primary legal issue before the Registrar was to assess the extent to which the grounds of opposition advanced by Johnson & Johnson had been established. Section 55 of the *Trade Marks Act 1995* (Cth) mandates that the Registrar must decide to refuse or register a trade mark, with or without conditions, based on the established grounds of opposition.

The Registrar found that Johnson & Johnson had not established any of its grounds of opposition. Consequently, the Registrar determined that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. In the event of an appeal, the registration would be stayed pending the outcome of the appeal. The Registrar also awarded costs against the opponent, Johnson & Johnson, in accordance with the general rule that costs follow the event.