Bugatti GmbH v Bugatchi Uomo Apparel, Inc

The decision concerned an opposition proceeding before the Registrar of Trade Marks, where Bugatti GmbH (the Opponent) opposed the extension of protection of an International Registration Designating Australia (IRDA) no. 1373275 to Australia, held by Bugatchi Uomo Apparel, Inc (the Holder). The core of the dispute was whether the grounds of opposition raised by Bugatti GmbH were established to the extent that protection should be refused.

The Registrar was required to determine whether any ground on which the IRDA was opposed had been established, and consequently, whether to refuse protection in respect of all or some of the goods or services listed in the IRDA, or to extend protection with or without conditions. This involved assessing the merits of the opposition against the relevant provisions of the Act and Regulations.

Applying Regulation 17A.34 of the Trade Marks Regulations 1995, the Registrar found that the Opponent had successfully established a ground of opposition. Consequently, the Registrar decided to refuse the extension of protection of IRDA no. 1373275 to Australia. The Registrar also awarded costs against the Holder, to the extent permitted by Schedule 8 of the Trade Marks Regulations 1995.