Kiwi Munchies Pty Ltd v Inghams Enterprises Pty Ltd

This decision concerns an application by Kiwi Munchies Pty Ltd (the applicant) for permission to file further evidence in opposition proceedings against Inghams Enterprises Pty Ltd (the opponent). The matter was heard by Tabatha Klippan, Senior Examiner of Trade Marks Hearings and Legislation.

The primary legal issue before the Senior Examiner was whether to grant the applicant leave to file further evidence in response to evidence filed by the opponent. This involved an assessment of the balance of inconvenience and the public interest.

The Senior Examiner reasoned that the opponent's evidence in reply introduced new issues, making it fair and just to allow the applicant an opportunity to respond. Furthermore, the Senior Examiner considered that the public interest favoured the Registrar having all relevant evidence before him when determining the substantive opposition. Consequently, the application for permission to file further evidence was granted.

The Senior Examiner ordered that the opponent be allowed one month from the date of the decision to reply to the applicant's further evidence. Costs were awarded against the opponent in favour of the applicant, to be assessed in accordance with the official scale.