Huntleigh Technology PLC v Bedshed Franchising Pty Ltd

The Registrar of Trade Marks was required to decide whether to register a trade mark following an opposition by Huntleigh Technology PLC against an application by Bedshed Franchising Pty Ltd.

The primary legal issue before the Registrar was to determine whether the grounds of opposition raised by Huntleigh Technology PLC had been established, thereby preventing the registration of Bedshed Franchising Pty Ltd's trade mark.

The Registrar reasoned that the opponent, Huntleigh Technology PLC, had not established its opposition. Consequently, pursuant to section 55 of the Act, the Registrar decided to register the trade mark. Registration was to proceed one month from the date of the decision, unless an appeal was filed, in which case registration would be stayed pending the outcome of the appeal.