Deyncourt Pty Ltd v Scott Mitchell Passmore as Trustee for the S R G Passmore Investment Trust

The applicant, Deyncourt Pty Ltd, sought to register a trade mark, while the respondent, Scott Mitchell Passmore as Trustee for the S R G Passmore Investment Trust, opposed the application. The decision was made by Iain Campbell Thompson.

The central issue before the court was whether any of the grounds of opposition raised by the respondent had been established, which would necessitate the refusal of the trade mark application.

The court determined that the opponent had not established any ground of opposition. Consequently, pursuant to section 55 of the relevant Act, the Registrar was directed to register the trade mark. The court further ordered that registration would proceed one month from the date of the decision, unless an appeal was filed, in which case registration would be stayed pending the outcome of the appeal.