Ceravolo Premium Wines Pty Ltd v Ma Kirkby TRPL Pty Ltd

Ceravolo Premium Wines Pty Ltd (the Applicant) sought to register a trade mark, which was opposed by Ma Kirkby TRPL Pty Ltd (the Opponent). The decision was made by a delegate of the Registrar of Trade Marks.

The primary legal issue before the delegate was whether to register the trade mark, having regard to the grounds of opposition raised by the Opponent. Specifically, the delegate had to determine if any of the grounds of opposition were established, pursuant to section 62A of the *Trade Marks Act 1995* (Cth).

The delegate found that the Opponent had successfully established the ground of opposition relied upon under section 62A of the Act. Consequently, the delegate applied section 55(1) of the Act, which mandates a decision to refuse or register a trade mark based on established grounds of opposition. As the delegate refused to register the trade mark, the Opponent sought its costs. The delegate awarded costs against the Applicant in accordance with the relevant regulations.