CHE Proximity Pty Ltd v CHEP Technology Pty Limited

CHE Proximity Pty Ltd opposed the registration of two trade mark applications, numbers 2248746 and 2249181, filed by CHEP Technology Pty Limited. The applications sought registration for a broad range of goods and services, including classes 6, 9, 16, 20, 22, 35, 37, 39, 41, 42, 44, and 45, with the proposed marks being "CHEP NETWORK" and "CHEP" respectively. The decision was made by Louise Tuohy.

The primary legal issue before the delegate was whether any of the grounds of opposition raised by CHE Proximity Pty Ltd had been established, thereby requiring the Registrar to refuse the registration of the trade mark applications under section 55 of the relevant legislation.

The delegate found that the opponent, CHE Proximity Pty Ltd, had not established any grounds of opposition in relation to the services specified in the applications. Consequently, the delegate decided that the trade mark applications could proceed to registration. Both parties sought costs, and the delegate ordered that costs follow the event, awarding costs against the opponent in respect of trade mark application 2248746. For trade mark application 2249181, reduced costs were awarded against the opponent, following the precedent set in *Hume Industries (Malayasia) Berhad v James Hardie & Coy Pty Ltd*. The applications were to proceed to registration one month from the date of the decision, unless a notice of appeal was served, in which case the disposition would be in accordance with any court order.