Evergreen Television Pty Ltd v Are Media Pty Limited

This matter concerned an opposition by Evergreen Television Pty Ltd to the registration of a trade mark by Are Media Pty Limited. The dispute arose in the context of prior litigation between the parties concerning the ownership of the television program name ‘Discover Downunder’. The opposition was brought before a Hearing Officer.

The legal issues before the Hearing Officer were whether the grounds of opposition, specifically under sections 58 and 62A of the *Trade Marks Act 1995* (Cth), had been established. The opponent bore the onus of proving these grounds on the balance of probabilities.

The Hearing Officer noted that the opponent had not filed any evidence in support of its opposition. Relying on established case law, the Hearing Officer determined that without evidence, the grounds of opposition could not be established. The Hearing Officer found that the opponent's assertion of bad faith under section 62A, which was linked to previous proceedings, was not supported by sufficient evidence to demonstrate the alleged unscrupulous behaviour.

As the grounds of opposition were not established due to the lack of evidence, the Hearing Officer decided to accept the application for registration of the trade mark.