Opposition by Decorug Holdings Pty Ltd to registration of trade mark application number 2381651 (class 27) –

This decision concerns an opposition by Decorug Holdings Pty Ltd to the registration of trade mark application number 2381651 in class 27, brought before the Delegate of the Registrar of Trade Marks. The core of the dispute was whether the grounds of opposition raised by Decorug Holdings Pty Ltd were established.

The primary legal issue before the Delegate was to determine, pursuant to section 55 of the *Trade Marks Act 1995* (Cth), whether any of the grounds on which the application was opposed had been established, and consequently, whether to refuse or register the trade mark. The Delegate specifically considered the ground of opposition nominated by the Opponent in its Statement of Grounds and Particulars.

The Delegate found that the Opponent had successfully established section 58 of the Act as a ground of opposition. Applying section 55(1) of the Act, the Delegate concluded that the trade mark application must be refused registration. The Delegate ordered that the refusal be recorded one month from the date of the decision, unless a notice of appeal was served on the Registrar of Trade Marks, in which case the disposition of the application would be in accordance with any court order or direction. The Delegate also awarded costs against the Applicant in favour of the Opponent, in accordance with section 221 of the Act and the relevant regulations.