Express, LLC v Euromode Australia Pty Ltd

The applicant, Euromode Australia Pty Ltd, sought to register the trade mark "EXPRESS" for clothing and related goods. The opponent, Express, LLC, opposed the registration on various grounds. The decision was made by Iain Thompson, presumably in a trade mark tribunal or similar administrative body given the reference to the Registrar and the nature of the dispute.

The primary legal issue before the decision-maker was whether the grounds of opposition raised by Express, LLC had been established to the extent that Euromode Australia Pty Ltd's application for trade mark registration should be refused. This involved assessing the evidence presented by both parties in relation to the grounds of opposition.

The decision-maker found that the opponent had established its opposition. Consequently, pursuant to section 55 of the relevant Act, the decision-maker refused to register the trade mark. The opponent was awarded costs on the official scale against the applicant.