Landmark Assets Pty Ltd v Habitech Pty Limited

In *Landmark Assets Pty Ltd v Habitech Pty Limited*, the applicant sought to register a trade mark, which the opponent opposed. The opposition was based on grounds including sections 44, 58, and 60 of the *Trade Marks Act 1995* (Cth). The court was required to determine whether any of these grounds of opposition had been established.

The court found that the opponent had established a ground of opposition under section 58 of the Act in respect of some of the goods for which the trade mark was sought. While other grounds were considered, they were not established. The Registrar offered the applicant an opportunity to amend the specification of goods to avoid refusal.

As no agreement to amend the specification was reached, the Registrar applied section 55 of the Act, which mandates a decision to refuse registration if any ground of opposition is established. The court reasoned that because a ground of opposition under section 58 had been established, and no amendment was agreed to, the trade mark could not be registered as applied for. The court ordered that the trade mark be refused registration and awarded costs against the applicant.