Facebook, Inc v Facemba, LDA

This decision concerns an opposition proceeding before the Registrar of Trade Marks, brought by Facebook, Inc. (the Opponent) against an International Registration Designating Australia (IRDA) filed by Facemba, LDA (the Holder). The dispute centred on whether protection should be extended to the IRDA in Australia.

The primary legal issue before the Registrar was to determine whether any of the grounds of opposition raised by the Opponent had been established, thereby requiring the refusal of protection for the IRDA. Specifically, the Registrar was required to consider the grounds of opposition and decide whether to refuse protection entirely or extend it in part, with or without conditions.

The Registrar's reasoning focused on the grounds of opposition as provided for under the relevant regulations. It was determined that the Opponent only needed to establish one ground of opposition for success. The Registrar found that the ground of opposition under Section 60 of the relevant legislation had been made out. Consequently, the Registrar refused to extend protection to the IRDA and made no determination on the remaining grounds of opposition. As the successful party, the Opponent was awarded its costs against the Holder.