Hard Coffee Pty Ltd v Hard Coffee Main Beach Pty Ltd

This matter concerned four applications for trade mark registration by Hard Coffee Main Beach Pty Ltd, which were opposed by Hard Coffee Pty Limited. The opponent alleged grounds for opposition under sections 58, 43, and 62A of the *Trade Marks Act 1995* (Cth). The opponent filed evidence in support of its oppositions through two declarations, while the applicant filed no evidence. The hearing officer was tasked with deciding these oppositions.

The primary legal issue before the hearing officer was whether the opponent had established any of the grounds for opposition pleaded. Specifically, the evidence related to the opponent's prior use of the HARD COFFEE trade mark in Queensland since 1996, including the establishment of various coffee shops. The evidence also addressed the sale of some of these businesses, including the Main Beach venue, where contractual provisions stipulated that the purchaser did not acquire rights to the business names or associated intellectual property.

The hearing officer found that the opponent had established a ground of opposition under section 62A of the Act. This section relates to the registration of a trade mark that would be the same as, or deceptively similar to, a trade mark in relation to which the opponent has been using the mark in Australia. Given this finding, the hearing officer did not need to consider the other grounds of opposition. Consequently, the hearing officer refused to register all four trade mark applications. The opponent was awarded costs against the applicant.