Danielle Piat v JimmyRum Pty Ltd

In *Danielle Piat v JimmyRum Pty Ltd*, the applicant sought to register a trade mark, and the opponent, Danielle Piat, opposed the application. The decision was made by Robert Wilson, presumably in his capacity as Registrar of Trade Marks, under the *Trade Marks Act 1995* (Cth).

The primary legal issue before the Registrar was whether the grounds of opposition nominated by Danielle Piat had been established, which would determine whether the trade mark application could proceed to registration.

The Registrar reasoned that the opponent had failed to establish the nominated ground of opposition. Accordingly, pursuant to section 55 of the *Trade Marks Act 1995* (Cth), the Registrar decided that the trade mark application could proceed to registration one month after the date of the decision, unless an appeal was filed. If an appeal was filed, registration would be stayed until the appeal was withdrawn or a court ordered otherwise. The Registrar also awarded costs against the opponent in favour of the applicant, applying the general rule that costs follow the event and referencing section 221 of the Act and Schedule 8 of the *Trade Mark Regulations 1995*.