Gopika Pty Ltd as Trustee for the Meece Trust v Cinnayum Pty Ltd

Gopika Pty Ltd as Trustee for the Meece Trust (the Opponent) opposed the registration of a trade mark by Cinnayum Pty Ltd (the Applicant) in proceedings before the Registrar. The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth), with grounds pursued including sections 42(b), 44, 58, 60, 62 and 62A.

The primary legal issue before the Registrar was whether any of the grounds of opposition advanced by the Opponent had been established, thereby requiring the Registrar to refuse the application for registration of the trade mark.

The Registrar determined that a ground of opposition under section 58 of the *Trade Marks Act 1995* had been established. Applying section 55, which mandates the Registrar to decide to refuse or register a trade mark having regard to the extent to which any ground of opposition has been established, the Registrar concluded that registration of the trade mark must be refused. The Registrar also awarded costs against the Applicant in favour of the Opponent, as is the general practice.