Nice One Sydney'S Pty Ltd v Fantastic Holdi Ngs Ltd

The applicant, Nice One Sydney's Pty Ltd, sought to register a trade mark, while the opponent, Fantastic Holdings Ltd, opposed this application. The decision was made by Iain Campbell Thompson.

The central legal issue before the court was whether the grounds of opposition raised by Fantastic Holdings Ltd had been established to the extent that they would prevent the registration of Nice One Sydney's Pty Ltd's trade mark.

The court determined that the opponent had not established its opposition. Consequently, the court directed that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. If a notice of appeal was served before that time, the registration was to be stayed pending the outcome of the appeal. The applicant was awarded costs on the Official Scale against the opponent.