Mortgage House of Australia Pty Limited v Mortgage House International Pty Ltd

This decision concerns an application by Mortgage House of Australia Pty Limited (the applicant) to register two trade marks, applications 971021 and 971832, which was opposed by Mortgage House International Pty Ltd. The matter was heard by Ian Thompson, a Hearing Officer of Trade Marks Hearings.

The Hearing Officer was required to determine whether to register the trade marks in light of the opposition. Specifically, the decision hinged on the extent to which any grounds of opposition had been established, as mandated by section 55 of the relevant Act.

The Hearing Officer applied section 55 of the Act, which requires the Registrar to decide whether to refuse or register a trade mark having regard to the established grounds of opposition. In this instance, the Hearing Officer found that grounds for refusal had been established and therefore refused to register both trade mark applications. The applicant was ordered to pay costs on the official scale.