Consorzio Per La Tutela Del Formaggio Asiago v Sartori Company

Consorzio Per La Tutela Del Formaggio Asiago (the opponent) opposed the registration of a trade mark by Sartori Company (the applicant). The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth), with grounds pressed under sections 44 and 43 of the Act. The decision was made by Bianca Irgang.

The primary legal issue before the Registrar was whether any of the grounds of opposition relied upon by the opponent had been established, thereby requiring the Registrar to refuse the trade mark application. The Registrar was required to determine the application in accordance with section 55 of the Act, which mandates a decision to either refuse or register the trade mark based on the established grounds of opposition.

The Registrar found that the opponent had not established any of the grounds of opposition it had pressed. Consequently, pursuant to section 55(1)(b) of the Act, the Registrar decided that the trade mark application could proceed to registration. The Registrar also made orders regarding the timing of registration, contingent on any potential appeal, and awarded costs against the opponent.