Linecrest Pty Ltd v Cobannah Holdings Pty Ltd as Trustee for the Lollymania Trust

Linecrest Pty Ltd (the Applicant) sought to register a trade mark, but Cobannah Holdings Pty Ltd as Trustee for the Lollymania Trust (the Opponent) opposed the application. The hearing officer, Iain Thompson, sitting in the Trade Marks Hearings, was required to determine whether to register the trade mark.

The central legal issue was whether any grounds on which the application was opposed had been established to such an extent that the trade mark should be refused registration, pursuant to subsection 55(1) of the relevant Act.

The hearing officer reasoned that the Opponent had been successful in its opposition. Consequently, applying subsection 55(1) of the Act, the hearing officer decided to refuse the registration of the trade mark application. As the Opponent was successful, it was awarded its costs on the Official Scale against the Applicant.