Michael Jackson v Redgrass Communications Pty Ltd

This decision of Hearing Officer Iain Campbell Thompson of the Trade Marks Hearings office concerned an opposition to the registration of a trade mark by Redgrass Communications Pty Ltd (the Opponent) against an application by Michael Jackson. The core of the dispute revolved around whether the grounds of opposition raised by Redgrass Communications had been established.

The Hearing Officer was required to determine whether any of the grounds on which the trade mark application was opposed had been established by the Opponent. This determination would then dictate the Registrar's decision regarding the registration of the trade mark.

The Hearing Officer found that the Opponent had not established any of the grounds of opposition. Consequently, under section 55 of the relevant Act, the Registrar was directed to proceed with the registration of the trade mark, subject to the usual provisions. The Hearing Officer further ordered that if an appeal notice was served before the expiry of one month from the date of the decision, registration would be stayed until the appeal was decided or discontinued, with the final disposition to follow the court's order.