Margaret Kerr, Kent Sasse, Henry Arthur Sasse and Toddler Kindy Gymbaroo Pty Ltd v Invecon Australia Pty Ltd

The decision concerned an application for trade mark registration brought by Invecon Australia Pty Ltd, opposed by Margaret Kerr, Kent Sasse, Henry Arthur Sasse and Toddler Kindy Gymbaroo Pty Ltd. The matter came before Jock McDonagh.

The primary legal issue before the Registrar was whether to register the trade mark, having regard to the grounds on which the application was opposed. The Registrar was required to decide whether any of the grounds of opposition had been established and, if not, to proceed with registration, subject to any appeal.

The Registrar found that the opponent had been unsuccessful under each of the grounds pursued at the hearing. Consequently, the Registrar determined that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. In the event of an appeal, registration was to be stayed pending the outcome of the appeal. As the applicant was the successful party, the Registrar awarded costs against the opponent in accordance with the Official scale.