McD Asia Pacific LLC v Coffee Cartel Pty Lt

McD Asia Pacific LLC (the Applicant) sought to register a trade mark, which was opposed by Coffee Cartel Pty Ltd (the Opponent). The Registrar was required to decide whether to register the trade mark, having regard to the grounds on which the application was opposed.

The central legal issue before the Registrar was whether the grounds on which the Opponent opposed the registration of the trade mark had been established to the extent that registration should be refused.

The Registrar determined that the Opponent had successfully established its opposition. Applying section 55 of the Act, the Registrar concluded that the trade mark should not be registered. Consequently, the Registrar ordered that the trade mark be refused registration and that the Applicant pay the Opponent's costs.