Hepburn Shire Council v Hepburn Springs Naturals Pty Ltd

Hepburn Shire Council (the applicant) sought to register two trade marks, applications 1335106 and 1335107, which were opposed by Hepburn Springs Naturals Pty Ltd (the opponent). The decision was made by Iain Thompson, acting as Registrar.

The Registrar was required to determine whether to register the trade marks, having regard to the grounds on which the application was opposed. The core legal issue was the application of section 55 of the relevant Act, which mandates the Registrar to decide whether to refuse or register a trade mark, considering any established grounds of opposition.

The Registrar reasoned that the grounds of opposition had been established to a sufficient extent to warrant refusal. Consequently, the Registrar refused to register both trade mark applications. The Registrar also made an order for costs, awarding costs at the official scale against the applicant, apportioned appropriately between the two oppositions.