Louder World Pty Ltd v Decibles Pty Ltd and Gaurav Gosain

In a trade mark opposition proceeding before the Registrar of Trade Marks, Louder World Pty Ltd (the Opponent) sought to prevent the registration of trade mark number 2380290 by Decibles Pty Ltd and Gaurav Gosain (the Applicants). The dispute centred on whether the grounds of opposition raised by Louder World Pty Ltd were established to the extent that the trade mark should not be registered.

The primary legal issue before the Registrar was to determine whether any of the grounds on which the application for registration was opposed had been established, as required by section 55 of the relevant legislation. Specifically, the Registrar had to consider the extent to which the grounds of opposition, including those under section 58, were proven. The Registrar was also required to decide on the appropriate costs order, given that the Applicants had requested an award of costs.

The Registrar reasoned that the Opponent had successfully established a ground of opposition under section 58. Consequently, applying section 55(1), the Registrar decided to refuse the registration of trade mark number 2380290. The Registrar also determined that the usual principle of costs following the event should apply, awarding costs against the Applicants in accordance with section 221 and Schedule 8 of the Regulations. The refusal was to be recorded one month from the date of the decision, unless a notice of appeal was served, in which case the disposition of the application would be subject to the Court's orders.