Healthkit Pty Ltd v Apple Inc

This decision concerns an application by Healthkit Pty Ltd for registration of two trade marks, application numbers 1626348 and 1637556, opposed by Apple Inc. The matter came before the Registrar of Trade Marks, who was required to decide whether to register the trade marks, having regard to the grounds of opposition.

The Registrar was required to determine whether the grounds of opposition raised by Apple Inc. had been established in relation to Healthkit's trade mark applications. Specifically, the Registrar had to decide whether to refuse or register the trade marks, with or without conditions or limitations, based on the established grounds of opposition.

The Registrar reasoned that Apple Inc. had successfully established its opposition in relation to goods in Class 9 and services in Class 42 for application number 1626348. Despite being offered the opportunity to amend its specification by deleting these classes, Healthkit declined to do so. Consequently, the Registrar refused to register application number 1626348. For application number 1637556, the Registrar found that Healthkit had not established any grounds of opposition, allowing the application to proceed to registration, subject to any appeal. The Registrar awarded costs to Apple Inc. in both matters, to be paid by Healthkit.