MIS Implants Technologies Ltd v More Group Pty Ltd

This decision concerns an application by MIS Implants Technologies Ltd (the Applicant) to register a trade mark, which was opposed by More Group Pty Ltd (the Opponent). The delegate of 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 delegate was whether any of the grounds on which the application was opposed had been established, specifically in relation to section 58 of the *Trade Marks Act 1995* (Cth). The delegate was required to decide, pursuant to section 55(1) of the Act, whether to refuse or register the trade mark based on the established grounds of opposition.

The delegate found that the Opponent had successfully established the ground of opposition under section 58 of the Act. Consequently, applying section 55(1), the delegate refused to register the trade mark. The delegate directed that the refusal be recorded one month from the date of the decision, with provisions for the refusal to be stayed pending any appeal. The delegate also awarded costs against the Applicant in favour of the Opponent, following the usual principle that costs follow the event.