Murrays Craft Brewing Co Pty Ltd v Artemis IP Limited

This decision concerns an opposition proceeding before the Registrar of Trade Marks, where Murrays Craft Brewing Co Pty Ltd (the Applicant) sought to register a trade mark, and Artemis IP Limited (the Opponent) filed an opposition. The Opponent failed to file any evidence in support of its opposition.

The primary legal issue before the Registrar was whether the Opponent had discharged its onus to establish at least a prima facie case for its grounds of opposition, given the absence of supporting evidence. This, in turn, determined whether the Applicant had any onus to respond or present evidence in defence of its application.

The Registrar reasoned that, pursuant to section 55 of the relevant Act, the Registrar must decide on an application having regard to the extent to which any ground of opposition has been established. The Registrar found ample precedent, including decisions in *Medley Distilling Co v Croakers Gully Australia* and *Wal-Mart Stores Inc v Ozark-London Ltd*, which establish that an opponent bears the onus of proving its grounds of opposition. In the absence of any evidence from the Opponent, no grounds of opposition were established, and therefore, no onus fell upon the Applicant to present a defence.

Accordingly, the Registrar ordered that none of the four grounds of opposition were established and that the Applicant's trade mark application, number 1773724, could proceed to registration one month from the date of the decision, unless an appeal was filed. If an appeal was filed, registration was to be stayed until the appeal was decided or discontinued.