NetApp Inc v Trading Reference Australia Pty Limited

The decision concerns an application by NetApp Inc. to register a trade mark, opposed by Trading Reference Australia Pty Limited. The Registrar of Trade Marks was required to decide whether to register the trade mark, taking into account the grounds of opposition.

The primary legal issue before the Registrar was whether any of the grounds on which the application was opposed had been established. If no grounds of opposition were established, the trade mark application could proceed to registration.

The Registrar determined that the opposition had not been established to any extent. Consequently, the Registrar ordered that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. In the event of an appeal, registration would be stayed until the appeal was resolved. NetApp Inc., as the successful applicant, was awarded costs against the opponent on the Official Scale.