Bybord IP S.a.r.l v FRDM Group Limited

In this matter before the Registrar of Trade Marks, Bybord IP S.a.r.l. (the Applicant) sought to register trade mark application number 2115425. FRDM Group Limited (the Opponent) opposed this application.

The primary legal issue before the Registrar was whether the grounds of opposition pressed by the Opponent, specifically under sections 44 and 60 of the *Trade Marks Act 1995* (Cth), had been established.

The Registrar determined that the Opponent had successfully established a ground of opposition pursuant to section 60 of the Act. Consequently, the Registrar refused to register the trade mark. The Registrar also awarded costs against the Applicant in favour of the Opponent, applying the usual principle that costs follow the event.