Cecil Matsie v Sofi Zavitsanos

This decision concerns an application by Mr Cecil Matsie to amend his Notice of Opposition in trade mark proceedings against an application by Ms Sofi Zavitsanos. The matter came before Bianca Irgang of the Trade Marks Hearings.

The primary legal issue before the court was whether to grant Mr Matsie permission to add a ground of opposition under section 58 of the relevant legislation to his existing Notice of Opposition. This involved considering the reasonableness and fairness of such an amendment in the circumstances.

Her Honour determined that it was in the public interest for trade mark applications to be thoroughly tested at the examination and opposition stages to avoid unnecessary appeals and costs. She considered it reasonable and fair under all the circumstances to grant permission for the Notice of Opposition to be amended to include the section 58 ground, allowing the matter to proceed to a hearing on the substantive issues without further delay. The court awarded costs against the trade mark applicant, Ms Zavitsanos, as she did not succeed in this interlocutory matter and there was no reason to depart from the general rule that costs follow the event.