Golden Crumpet Co A'sia (Extended) Pty Limited v David Innes Pty Ltd

This decision concerns a trade mark opposition brought by David Innes Pty Ltd (the Opponent) against a trade mark application by Golden Crumpet Co A'sia (Extended) Pty Limited (the Applicant). The matter was heard by Michael Kirov, a Hearing Officer of the Trade Marks Hearings.

The primary legal issue before the Hearing Officer was whether the Applicant's trade mark application, number 1276989, should be refused registration. This determination was to be made having regard to the grounds on which the application was opposed, specifically a ground raised under section 60 of the *Trade Marks Act 1995* (Cth).

The Hearing Officer found that the Opponent had successfully established its ground of opposition under section 60 of the Act. Consequently, pursuant to section 55(1) of the Act, the Hearing Officer decided to refuse the registration of the trade mark application. The Opponent, as the successful party, was awarded its costs against the Applicant in accordance with Schedule 8 of the *Trade Marks Regulations 1995* (Cth).