Loco Liquor PLv 4 Brothers Brewing PL

In this matter before the Registrar, Loco Liquor Pty Ltd (the Applicant) sought to register a trade mark, and 4 Brothers Brewing Pty Ltd (the Opponent) opposed the application. The dispute concerned the registrability of the Applicant's proposed trade mark.

The primary legal issue before the Registrar was whether any of the grounds of opposition raised by the Opponent had been established, thereby preventing the registration of the Applicant's trade mark. The Registrar was required to consider the extent to which the grounds of opposition were proven, as stipulated by section 55 of the relevant Act.

The Registrar reasoned 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. The Registrar also ordered that if a notice of appeal was served before this period expired, registration would be stayed until the appeal was withdrawn or a court ordered otherwise. The Registrar further ordered that costs follow the event, awarding costs against the Opponent due to its unsuccessful opposition.