Opposition by Joseph Seccas to registration of trade mark application number 2101083 (class 30) – GO-LEAN – in the name of Sugarlean (Pty) Ltd

This matter concerned an opposition by Joseph Seccas to the registration of the trade mark application number 2101083, GO-LEAN, in Class 30, filed by Sugarlean (Pty) Ltd. The opposition was heard by Katrina Brown, a delegate of the Registrar of Trade Marks. The opponent sought to rely on grounds under regulation 4.15A and sections 58A, 59, 60, and 62A of the *Trade Marks Act 1995* (Cth).

The legal issues before the delegate were whether the opponent had established any of the nominated grounds of opposition. The opponent bore the onus of proving, on the balance of probabilities, that at least one ground of opposition was established, with the relevant date for determination being 3 July 2020. The opponent relied on their own declaration and exhibits as evidence, while the applicant filed no evidence.

The delegate found that the opponent had not established any of the grounds of opposition. Specifically, regarding the ground under section 62A, the delegate noted that the onus of demonstrating bad faith falls on the party making the allegation, requiring cogent evidence to satisfy the civil standard. As the opponent failed to provide such evidence, the delegate could not be satisfied that the trade mark application was made in bad faith. Consequently, the delegate decided that the trade mark application could proceed to registration one month from the date of the decision, subject to any appeal. The delegate also awarded costs against the opponent, applying the general rule that costs follow the event.