Mark Leishman v Bramco International Pty Ltd

This matter concerned an opposition to the registration of a trade mark brought by Mark Leishman (the Opponent) against Bramco International Pty Ltd (the Applicant). The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth), with grounds nominated under sections 43, 58, and 60 of the Act.

The primary legal issue before the Hearing Officer was whether any of the grounds of opposition nominated by the Opponent had been established, thereby requiring the refusal of the trade mark application. Specifically, the Hearing Officer was required to determine if the grounds under sections 43, 58, and 60 were made out.

The Hearing Officer found that the ground of opposition under section 58 of the Act had been established. Consequently, pursuant to section 55 of the Act, the Hearing Officer was obliged to refuse to register the trade mark. As the section 58 ground was established, it was not necessary to consider the remaining grounds of opposition. The Hearing Officer also awarded costs against the Applicant in favour of the Opponent, applying the principle that costs usually follow the event.