Education Planet Pty Ltd v Education Planet Global Pty Ltd

Education Planet Pty Ltd, the opponent, opposed the registration of trade mark number 2026778 by Education Planet Global Pty Ltd, the applicant. The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth), with grounds also referencing sections 43, 58, 60, and 62A of the Act. The decision was made by Louise Tuohy.

The court was required to determine whether any of the grounds of opposition raised by Education Planet Pty Ltd had been established, thereby preventing the registration of the trade mark.

The court found that the opponent had not established any of the grounds of opposition. Consequently, pursuant to section 55 of the *Trade Marks Act 1995*, the court decided that the trade mark could proceed to registration. The court also directed that registration would be stayed pending any appeal. Costs were awarded against the opponent, following the usual principle that costs follow the event.