Holder of IP Pty Ltd AFT Intelligent Assets Trust v Joseph Buttita

In this matter before Timothy Brown, acting as a delegate of the Registrar, the dispute concerned an opposition filed by Joseph Buttita (the Opponent) against a trade mark application by Holder of IP Pty Ltd AFT Intelligent Assets Trust (the Applicant). The Opponent relied on evidence filed in November 2018, including a declaration and annexures, while the Applicant did not file any evidence. The matter proceeded to be determined based on the written material filed, as neither party made written submissions or requested a hearing.

The Opponent nominated several grounds of opposition under the Act, specifically sections 42(b), 44, 58, 60, and 62A. The onus rested on the Opponent to establish at least one of these grounds on the balance of probabilities. The relevant date for determining the rights of the parties was the priority date of the trade mark application, which was 6 November 2017.

The delegate's decision would be based on the evidence presented by the Opponent and the legal principles applicable to the nominated grounds of opposition. The standard of proof required for the Opponent to succeed was the balance of probabilities. The delegate would assess whether the Opponent had discharged this onus by demonstrating that one or more of the statutory grounds for opposition were met as at the priority date.