Endeavour Group Ltd v Southcorp Brands Pty Ltd

Endeavour Group Ltd (the Applicant) sought to register two trade marks, 1906783 and 1906784. Southcorp Brands Pty Ltd (the Opponent) opposed these applications. The matter came before the Registrar of Trade Marks.

The primary legal issue before the Registrar was whether the grounds of opposition raised by Southcorp Brands Pty Ltd had been established, specifically pursuant to section 41 of the *Trade Marks Act 1995* (Cth). The Registrar was required to decide whether to refuse or register the trade marks having regard to the established grounds of opposition.

The Registrar determined that the Opponent had successfully established the ground of opposition under section 41 of the Act. Consequently, the Registrar refused to register the trade marks. In relation to costs, the Registrar applied the general rule that costs follow the event, awarding costs against the Applicant for the opposition to trade mark 1906783. For the opposition to trade mark 1906784, the Registrar awarded reduced costs against the Opponent, referencing the decision in *Hume Industries (Malaysia) Berhard v James Hardie & Coy Pty Ltd*.