Multi Access Ltd v Guangzhou Baiyunshan Pharmaceutical Holdings Co Ltd

This decision concerned an opposition proceeding before the Delegate of the Registrar of Trade Marks, brought by Multi Access Ltd against Guangzhou Baiyunshan Pharmaceutical Holdings Co Ltd's applications for three trade marks (nos. 1848145, 1848146, and 1848147). The opposition was based on grounds including sections 44, 60, and 42(b) of the *Trade Marks Act 1995* (Cth).

The primary legal issue before the Delegate was whether the trade mark applications should proceed to registration, given the grounds of opposition raised. Specifically, the Delegate had to determine the extent to which the grounds of opposition were established and, consequently, what decision should be made regarding the registration of the trade marks.

The Delegate's reasoning focused on the applicant's agreement to amend the specifications of goods for the trade marks. The Delegate had indicated an intention to reject the applications unless certain goods, namely 'herbal juices; herbal beverages' in Class 32, were removed. Following clarification, the applicant agreed to this amendment for all three trade marks. Applying section 55 of the Act, which mandates the Registrar to decide whether to refuse or register a trade mark having regard to the established grounds of opposition, the Delegate accepted the trade marks for registration in respect of the amended goods.

As both parties had achieved a measure of success in the proceedings, the Delegate declined to award costs. The trade mark applications were directed to proceed to registration no less than one month from the date of the decision, subject to any notice of appeal.