Opposition by EastBridge Co Ltd to registration of trade mark application number 2055861 (classes 3, 35, 44) – MEDIV FOR BEAUTY AND HEALTH - in the name of Xue Gao

This matter concerned an opposition by EastBridge Co Ltd to the registration of the trade mark application number 2055861, MEDIV FOR BEAUTY AND HEALTH, in classes 3, 35, and 44, filed by Xue Gao. The decision was made by Katrina Brown, a delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether the grounds of opposition pursued by EastBridge Co Ltd under sections 42(b), 58, and 62A of the *Trade Marks Act 1995* (Cth) had been established. The onus was on the Opponent to establish at least one of these grounds on the balance of probabilities.

The delegate found that the Opponent had established the ground of opposition under section 62A, which relates to applications made in bad faith. Applying the principles from *DC Comics v Cheqout Pty Ltd*, the delegate considered the Applicant's knowledge at the time of filing the application and whether their conduct fell short of acceptable commercial standards. Crucially, the Applicant had not filed any evidence in response to the opposition. In the absence of evidence from the Applicant, the delegate accepted the evidence filed by the Opponent. As the Opponent had established a ground of opposition, the delegate was not required to consider the other grounds.

Consequently, the delegate refused to register the trade mark application number 2055861. The delegate also awarded costs against the Applicant in favour of the Opponent, following the usual principle that costs follow the event.