Delegat Limited v Comiskey Management Services Pty Ltd as Trustee for NewPub Family Holdings Trust

This decision concerns an opposition by Delegat Limited (the Opponent) to the registration of a trade mark by Comiskey Management Services Pty Ltd as Trustee for NewPub Family Holdings Trust (the Applicant). The matter came before Anne Makrigiorgos, a Hearing Officer in the Trade Marks and Designs division.

The primary legal issue before the Hearing Officer was whether the grounds of opposition raised by the Opponent had been established to the extent required for the Registrar to refuse the registration of the trade mark. Specifically, the Hearing Officer was required to determine the application of section 60 of the relevant legislation to the facts presented.

The Hearing Officer found that the Opponent had established, on the balance of probabilities, the ground of opposition under section 60. Consequently, the Hearing Officer decided to refuse the registration of the trade mark. The Hearing Officer also directed that registration would be stayed pending any appeal. The Opponent was awarded costs against the Applicant.