Ellice Whichello and Daniel Conn v Combine Air International Pty Ltd

In this matter before the Registrar, the Opponents, Ellice Whichello and Daniel Conn, opposed the registration of three trade mark applications filed by the Applicant, Combine Air International Pty Ltd. The grounds of opposition pressed by the Opponents included alleged contraventions of sections 42(b), 58, and 62A of the *Trade Marks Act 1995* (Cth).

The central legal issues before the Registrar were whether the Opponents had established any of the grounds of opposition relied upon, specifically concerning the ownership and use of the trade marks in question. The Applicant contended that the Opponents were employees, not contractors, and that the trade marks were developed at the Applicant's expense and in the course of their employment, thereby vesting ownership in the Applicant.

The Registrar considered the evidence presented, including employment contracts, pay slips, and invoices, which indicated that the Opponents were paid by a company controlled by the Applicant's director, with costs subsequently recharged to the Applicant. The Registrar found that the Opponents had not established any of the grounds of opposition nominated in the Statement of Grounds and Particulars. Consequently, the Registrar directed that the trade mark applications could proceed to registration. The Registrar also awarded costs in favour of the Applicant for one application and reduced costs against the Applicant for the other two, following the general rule that costs follow the event.