Danjaq, LLC v Great South Enterprises Pty Ltd

In this matter before Nicholas Smith, Hearing Officer and Delegate of the Registrar of Trade Marks, Danjaq, LLC (the Opponent) opposed the registration of two trade marks by Great South Enterprises Pty Ltd (the Applicant). The dispute concerned the registrability of the Applicant's trade marks, with the Opponent relying on grounds of opposition under the *Trade Marks Act 1995* (Cth).

The primary legal issue before the court was whether the Opponent had established its ground of opposition under section 60 of the *Trade Marks Act 1995* (Cth) in relation to both of the Applicant's trade mark applications. Section 60 of the Act concerns the registration of trade marks that are identical or deceptively similar to earlier trade marks in respect of which the applicant has been registered as a trade mark, and the applicant has been registered as a trade mark in respect of goods or services that are identical or similar to the goods or services in respect of which the trade mark is sought to be registered.

The Hearing Officer found that the Opponent had successfully established the ground of opposition pursuant to section 60 of the Act. Consequently, the Hearing Officer refused to register the trade marks. The refusal was directed to be recorded one month from the date of the decision, unless a notice of appeal was served on the Registrar, in which case the refusal would be stayed until the appeal was withdrawn or discontinued. The Hearing Officer also awarded costs in favour of the Opponent, following the general rule that costs follow the event.