Complete Technology Integrations Pty Ltd v Control Technology Inc

Complete Technology Integrations Pty Ltd (the Holder) sought to extend protection for an International Registration Designating Australia (IRDA) in proceedings before the Registrar of Trade Marks. Control Technology Inc (the Opponent) opposed this application. The Registrar was required to decide whether to refuse or extend protection, having regard to the grounds of opposition.

The primary legal issue before the Registrar was whether any of the grounds of opposition raised by the Opponent had been established. Specifically, the Registrar considered the ground of opposition under section 60 of the *Trade Marks Act 1995* (Cth).

The Registrar reasoned that under regulation 17A.34(1) of the *Trade Marks Regulations 1995* (Cth), it was sufficient for the Opponent to establish only one ground of opposition to be successful. The Registrar found that the section 60 ground had been made out. Consequently, the Registrar determined that protection would not be extended to the IRDA and did not consider the remaining grounds of opposition. As the successful party, the Opponent was awarded its costs against the Holder.