Medicon eG Chirurgiemechaniker v A.R. Medicom (Australia) Pty Ltd

This decision concerns an application by Medicon eG Chirurgiemechaniker to register a trade mark, opposed by A.R. Medicom (Australia) Pty Ltd. The Registrar of Trade Marks was required to determine whether to register the trade mark, having regard to the grounds of opposition.

The primary legal issue before the Registrar was whether the grounds of opposition, specifically under sections 44 and 60 of the relevant Act, had been established in relation to certain goods. The Registrar had to decide whether to refuse registration entirely or to register the trade mark with or without conditions or limitations.

The Registrar reasoned that the opposition had been established in relation to a specific list of goods, including apparatus for dental and medical purposes, and apparatus for sterilisation. Consequently, the Registrar refused to register the trade mark for these goods. However, the Registrar indicated that if the applicant deleted these goods from the application within two weeks, the trade mark would be allowed to proceed to registration, subject to certain conditions. The Registrar also made orders regarding costs, awarding them to the opponent as they had been successful.