Hangzhou Mainto Photography Co., Ltd v Capogreco Salvatore

This decision concerns an opposition proceeding before the Delegate of the Registrar of Trade Marks, Louise Tuohy. The applicant, Hangzhou Mainto Photography Co., Ltd, sought to register a trade mark, while the opponent, Capogreco Salvatore, opposed this application. The opposition was brought on various grounds, including those under sections 42, 44, 58, 60, and 62A of the *Trade Marks Act 1995* (Cth).

The primary legal issue before the Delegate was whether any of the grounds of opposition had been established, thereby requiring the refusal of the trade mark application. Specifically, the Delegate was required to consider the application of section 62A, which deals with applications made in bad faith.

The Delegate found that the opponent had successfully established a ground of opposition under section 62A of the *Trade Marks Act 1995* (Cth). Applying 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, the Delegate determined that the application should be refused. The Delegate also ordered that the applicant pay the opponent's costs, following the usual principle that costs follow the event.