OMS Investments Inc. v DuluxGroup Australia) Pty Ltd

In *OMS Investments Inc. v DuluxGroup Australia Pty Ltd*, the Registrar of Trade Marks was required to decide whether to register trade mark application 1205722. The applicant was OMS Investments Inc., and the opponent was DuluxGroup Australia Pty Ltd. The dispute concerned an opposition to the registration of the trade mark.

The primary legal issue before the Registrar was whether any grounds on which the application was opposed had been established, pursuant to subsection 55(1) of the relevant Act. This required the Registrar to consider the evidence presented by the opponent in support of its opposition.

The Registrar reasoned that the opponent had successfully established its opposition to the registration of the trade mark. Consequently, the Registrar refused to register trade mark application 1205722. As the opponent was successful in this matter, the Registrar awarded costs against the applicant.