Franchise Retail Brands Ltd v David Loh

This matter concerned an opposition by David Loh to an application by Franchise Retail Brands Limited to remove trade mark number 1483715, registered in classes 29, 30, 32, and 43. The opposition was brought under section 92 of the *Trade Marks Act 1995* (Cth).

The court was required to determine whether the grounds of opposition nominated by David Loh had been established. The onus was on the opponent to prove these grounds on the balance of probabilities.

The Hearing Officer found that the opponent had failed to establish any of the grounds of opposition. The application by Franchise Retail Brands Limited for trade mark number 2011489 was therefore permitted to proceed to registration one month from the date of the decision, unless an appeal was filed. Given that each party had achieved partial success, no order was made as to costs.