Opposition by Carabella Holdings Pty Ltd to registration of trade mark application number 1908288 (class 30) – THE PARAGON - in the name of Conset Investments Pty Ltd

Carabella Holdings Pty Ltd opposed the registration of trade mark application number 1908288, THE PARAGON, in Class 30, by Conset Investments Pty Ltd. The opposition was heard by Adrian Richards.

The primary legal issue before the court was whether the applicant, Conset Investments Pty Ltd, was the owner of the trade mark within the meaning of the *Trade Marks Act 1995* (Cth). This question arose in the context of an opposition brought under section 52 of the Act, with a ground of opposition under section 58 also considered.

The court found that the applicant had not established that it was the owner of the trade mark. Consequently, the opposition was successful. The court ordered that the registration of the trade mark be refused, with the refusal to be recorded one month from the date of the decision unless a notice of appeal was filed. The applicant was also ordered to pay the opponent's costs.