Marq Group Holdings B.V. v Sam O'Brien

The decision concerns an application by Marq Group Holdings B.V. (the Applicant) to register a trade mark, opposed by Sam O'Brien (the Opponent). The matter came before the Registrar of Trade Marks.

The primary legal issue was whether the grounds of opposition raised by the Opponent, specifically under section 44 of the *Trade Marks Act 1995* (Cth), had been established to the extent that the trade mark application should be refused.

The Registrar was satisfied that a ground of opposition under section 44 had been established in respect of all the Applicant's goods in classes 3 and 7. Pursuant to section 55 of the Act, the Registrar decided to register the trade mark, but only subject to the Applicant agreeing to amend the specified goods and services. The Applicant's representative confirmed agreement to the proposed amendments, which involved deletions from the original application. The trade mark may therefore proceed to registration subject to these amendments, no less than one month from the date of the decision.