Hongyi Wu and Xia Yang v Home Box Office Inc

The decision concerned an application for trade mark registration by Hongyi Wu and Xia Yang (the Applicants) against an opposition lodged by Home Box Office Inc (the Opponent). The matter came before Benjamin Goldsworthy, sitting as a delegate of the Registrar of Trade Marks.

The central legal issue was whether any of the grounds of opposition raised by Home Box Office Inc against the Applicants' trade mark application had been established. Section 55(1) of the relevant legislation outlines the Registrar's obligation to decide whether to refuse or register a trade mark, having regard to the grounds of opposition.

The Registrar found that the Opponent had failed to establish any of the grounds upon which the opposition was based. Consequently, the Registrar determined that the trade mark could proceed to registration one month from the date of the decision, unless an appeal was filed. In the event of an appeal, registration was to be stayed pending the outcome of the appeal. The Registrar also awarded costs against the Opponent in favour of the Applicants, following the usual principle that costs follow the event.