Geoff Hourigan v Ross Johnson and Warren Desmond Smith

This matter concerned an application to register trade mark number 1291929, brought by Geoff Hourigan (the applicant) and opposed by Ross Johnson and Warren Desmond Smith (the opponents). The decision was made by Iain Thompson.

The central legal issue before the court was whether the applicant's trade mark application should be registered, having regard to the grounds on which it was opposed. This required the court to determine the extent to which those grounds of opposition had been established.

The court refused to register the trade mark. This decision was made pursuant to section 55 of the relevant Act, which mandates the Registrar to decide whether to refuse or register a trade mark after considering any established grounds of opposition. As the opponents were successful in their opposition, they were awarded costs against the applicant on the official scale.