Opposition by Home Box Office Inc to registration of trade mark application number 1974349 (classes 29, 32, 33, 35, 41, 43) – LANNISTER with device - in the name of Hongyi Wu and Xia Yang

This decision concerns an opposition by Home Box Office Inc. to the registration of trade mark application number 1974349, for the mark LANNISTER with device, filed in the name of Hongyi Wu and Xia Yang. The opposition was heard by Katrina Brown.

The primary legal issue before the Court was whether the applicants, Hongyi Wu and Xia Yang, were the "owner" of the trade mark within the meaning of the *Trade Marks Act 1995* (Cth) at the time of filing the application. The opposition was brought under section 52 of the Act, with section 58 being a key consideration.

The Court found that the applicants were not the owners of the trade mark. Section 58 of the Act requires that an applicant for a trade mark must be the owner of the mark. As the applicants failed to establish ownership, the ground of opposition under section 58 was established. Consequently, the Court refused to register the trade mark. The Court also ordered that the applicants pay the opponent's costs according to the official scale.