Michael Moshe Friedman, Aaron Strasser and Benyomin Klein v Mordechai Zalman Fixler

In this matter before the Registrar, Michael Moshe Friedman, Aaron Strasser and Benyomin Klein (the Opponents) opposed the registration of trade mark number 2143003 by Mordechai Zalman Fixler (the Applicant). The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth), with grounds including sections 42, 58, 60, and 62A of the Act.

The primary legal issue for determination was whether any of the grounds of opposition had been established, thereby requiring the Registrar to refuse the application for registration. Specifically, the Registrar considered the application of section 62A, which pertains to applications made in bad faith.

The Registrar found that the Opponents had successfully established a ground of opposition under section 62A of the Act. Consequently, pursuant to section 55(1)(a), the Registrar refused to register the trade mark. The Registrar also directed that if a notice of appeal was served within one month, the disposition of the application would be in accordance with the Court's order or direction. Both parties sought costs, and the Registrar awarded costs against the Applicant in accordance with the usual principle that costs follow the event, as provided for under section 221 and Schedule 8 of the Regulations.