Millwood Holdings Pty Ltd and Bellgrove Holdings Pty Ltd v Scalvino Pty Ltd

Millwood Holdings Pty Ltd and Bellgrove Holdings Pty Ltd (the Opponents) opposed the registration of a trade mark by Scalvino Pty Ltd (the Applicant). The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth), with grounds pursued under sections 41, 42(b), 43, and 62 of the Act. The decision was made by Louise Tuohy.

The primary legal issue before the Registrar was whether any of the grounds of opposition had been established to warrant the refusal of the trade mark application. Specifically, the Registrar was required to determine the extent to which the grounds under sections 41, 42(b), 43, and 62 were made out in relation to the goods and services for which the Applicant sought registration.

The Registrar found that the opposition was established under section 41 of the Act in respect of some of the goods, and under section 43 of the Act in respect of the remaining goods. Consequently, pursuant to section 55(1)(a) of the Act, the Registrar decided to refuse to register the trade mark. The Registrar also awarded costs to the Opponents against the Applicant, as they were successful in the opposition.