Kenner Electrics Vic Pty Ltd v Wealth Trading Pty Ltd

This matter concerned an opposition proceeding before the Delegate of the Registrar of Trade Marks, heard by Blake Knowles. The opponent, Kenner Electrics Vic Pty Ltd, opposed the registration of trade marks by Wealth Trading Pty Ltd. The grounds of opposition pursued included those under sections 42(b), 44, 58, 58A, and 60 of the *Trade Marks Act 1995* (Cth).

The primary legal issue before the Delegate was whether the grounds of opposition, particularly under section 44, were established. The applicant had sought to amend the services for which its trade mark was to be registered, and the opponent had agreed to this amendment. The Delegate was required to determine the impact of this amendment on the opposition proceedings and whether any of the remaining grounds of opposition had been successfully established.

The Delegate found that, following the amendment to the applicant's services, the opposition was not established on the grounds pursued. Specifically, section 44 was only partially established, and the amendment effectively resolved the remaining issues. Consequently, the trade mark was permitted to proceed to registration for a limited set of services in Class 37, with an endorsement indicating registration under specific provisions of section 44. The Delegate declined to award costs to either party, noting that both had achieved a measure of success.