Mayne Co Investments Pty Ltd v Dinsmit Pty Ltd

The decision in *Mayne Co Investments Pty Ltd v Dinsmit Pty Ltd* was made by Katrina Brown. The dispute concerned an opposition to the registration of a trade mark, specifically whether the application for the trade mark was made in bad faith under section 62A of the relevant Act.

The primary legal issue before the court was to determine if the opponent had discharged the onus of proving that the applicant's decision to apply for the trade mark was made in bad faith, on the balance of probabilities. The court also considered the Registrar's obligation under section 55 of the Act to decide whether to refuse or register the trade mark, having regard to any established grounds of opposition.

The court reasoned that the onus of demonstrating bad faith rests squarely on the party alleging it, requiring evidence sufficient to satisfy the civil standard of proof. Citing *Hard Coffee Pty Limited v Hard Coffee Main Beach Pty Limited*, the court emphasised that a finding of bad faith should not be made lightly. The evidence presented did not establish that the applicant's knowledge at the relevant date was such that their decision to apply for the trade mark would be considered in bad faith by persons adhering to proper standards. Consequently, the ground of opposition under section 62A was not established.

The court ordered that trade mark number 2100745 could proceed to registration one month from the date of the decision, unless a notice of appeal was served, in which case registration would be stayed pending the appeal's outcome. Costs were awarded against the opponent, following the usual principle that costs follow the event, in accordance with section 221 of the Act and the Trade Mark Regulations 1995 (Cth).