Limited Edition Surf Hardware Pty Ltd v Glenys May Seth

Limited Edition Surf Hardware Pty Ltd opposed the registration of the trade mark NOMAWAWHERE (application number 2277734) in class 25, filed by Glenys May Seth. The decision was made by Anne Makrigiorgos.

The primary legal issue before the Registrar was whether any of the grounds of opposition raised by Limited Edition Surf Hardware Pty Ltd had been established, pursuant to section 55 of the relevant legislation.

The Registrar determined that the Opponent had failed to establish any of the grounds of opposition it had nominated. Consequently, the Registrar decided that the trade mark application could proceed to registration, subject to a one-month waiting period from the date of the decision, unless an appeal was filed. If an appeal was filed, registration would be stayed until the appeal was resolved. The Registrar also ordered that the Opponent pay the costs of the Applicant, following the usual principle that costs follow the event.