Enterprise Above & Beyond Pty Ltd v Queensland Rugby Football League Limited

Enterprise Above & Beyond Pty Ltd (the Applicant) sought to register a trade mark, and the Queensland Rugby Football League Limited (the Opponent) opposed this application. The dispute concerned whether the Opponent had established grounds for opposition under section 62A of the relevant Act. The decision was made by Nicholas Smith, a Hearing Officer.

The primary legal issue before the Hearing Officer was whether the Opponent had successfully demonstrated that the Applicant's trade mark application was made in bad faith, as required to succeed under section 62A. This involved assessing the Applicant's intentions and motivations in seeking to register the trade mark.

The Hearing Officer found that the Opponent had failed to provide sufficient evidence to establish that the Applicant sought or intended to gain any benefit from an association with the Opponent or related parties. Consequently, the Hearing Officer was not satisfied that the application was made in bad faith. As a result, the Opponent failed to establish the ground of opposition under section 62A, and indeed failed to establish any of the nominated grounds of opposition. The trade mark application was permitted to proceed to registration, subject to a one-month waiting period unless an appeal was filed. The Hearing Officer also awarded costs against the Opponent in favour of the Applicant, following the general rule that costs follow the event.