Idyll Wine Co Pty Ltd v 1821 Wines Pty Ltd

Idyll Wine Co Pty Ltd opposed the registration of the trade mark application no. 2071010, "Twisted Pixie," by 1821 Wines Pty Ltd. The opposition was heard by Nicholas Smith, a Hearing Officer and Delegate of the Registrar of Trade Marks.

The primary legal issue before the Hearing Officer was whether Idyll Wine Co Pty Ltd had established any of the grounds of opposition it nominated. Specifically, the decision refers to a failure to establish the ground of opposition pursuant to section 60 of the relevant legislation.

The Hearing Officer found that the Opponent had not established the ground of opposition under section 60, nor any of the other grounds nominated. Consequently, the Hearing Officer ruled that the trade mark application could proceed to registration. The Hearing Officer also awarded costs against the Opponent in favour of the Applicant, applying the general rule that costs follow the event.