Concierge App Pty Ltd v Luxit Pty Limited

Concierge App Pty Ltd, the applicant, sought to register trade mark application number 1837550. Luxit Pty Limited, the opponent, opposed this application. The decision was made by Nicholas Barbey, presumably in his capacity as Registrar of Trade Marks or a delegate thereof, concerning the opposition proceedings.

The central legal issue before the Registrar was whether any of the grounds of opposition raised by Luxit Pty Limited against Concierge App Pty Ltd's trade mark application had been established. The Registrar was required to determine the application for registration of the trade mark having regard to the extent to which any ground of opposition was proven.

The Registrar reasoned that the opponent had not established any ground of opposition. Consequently, pursuant to section 55 of the relevant Act, the Registrar decided that the trade mark application could proceed to registration one month from the date of the decision. However, the Registrar also directed that if a notice of appeal was served before that time, registration would be stayed until the appeal was resolved. The Registrar further ordered that costs follow the event, awarding costs against the opponent in accordance with the Trade Mark Regulations 1995 (Cth).