MySupply Store Pty Ltd v mySupply Pty Ltd

MySupply Store Pty Ltd (the Opponent) opposed the registration of trade mark 1653775 by mySupply Pty Ltd (the Applicant). The dispute concerned whether the Opponent had established a valid ground for opposing the trade mark's registration. The decision was made by Cristy Condon, a Hearing Officer for Trade Marks Hearings.

The primary legal issue before the Hearing Officer was to determine if the Opponent had successfully established a ground of opposition under section 62A of the relevant legislation. This required an assessment of the evidence presented by the Opponent to support its claims against the registration of the Applicant's trade mark.

The Hearing Officer found that the Opponent had failed to establish the ground of opposition under section 62A. Consequently, the Hearing Officer decided that the trade mark should proceed to registration one month from the date of the decision, unless a notice of appeal was served on the Registrar of Trade Marks, in which case registration would be stayed pending the appeal's outcome. The Hearing Officer also awarded costs against the Opponent in favour of the Applicant, applying the general rule that costs follow the event.