Garford Pty Ltd v Rock Engineering (Aust) Pty Ltd

This decision concerns an application by Garford Pty Ltd to register a trade mark, opposed by Rock Engineering (Aust) Pty Ltd. The hearing was conducted by Ian Thompson, a Hearing Officer for Trade Marks Hearings.

The primary legal issue before the Hearing Officer was whether the grounds of opposition raised by Rock Engineering (Aust) Pty Ltd under section 60 of the relevant Act were established, and consequently, whether Garford Pty Ltd's trade mark application should be registered.

The Hearing Officer determined that the evidence presented did not establish the grounds of opposition under section 60. Accordingly, the Hearing Officer applied section 55 of the Act, which mandates the Registrar to decide whether to refuse or register a trade mark having regard to the established grounds of opposition. In this instance, the Hearing Officer refused to register the trade mark application. The applicant, Garford Pty Ltd, was ordered to pay the costs of the opposition on the official scale.