Opposition by Julie Martin to registration of trade mark application number 1812625 (Class 39) – THREE CAPES LODGE WALK with device in the name of Three Capes Lodge Walk Pty Ltd.

This matter concerned an opposition by Julie Martin to the registration of the trade mark application number 1812625, comprising the words "THREE CAPES LODGE WALK" with a device, in the name of Three Capes Lodge Walk Pty Ltd, for services in Class 39. The opposition was heard by Blake Knowles, Hearing Officer and Delegate of the Registrar of Trade Marks.

The legal issues before the Hearing Officer included whether the grounds of opposition under sections 42(b), 44, 58, 59, and 60 of the *Trade Marks Act 1995* (Cth) were established. The Opponent bore the burden of proving at least one ground of opposition on the balance of probabilities, with rights assessed as at the relevant date.

The Hearing Officer found that the Opponent had established a ground of opposition under section 44 of the *Trade Marks Act 1995*. This finding was based on evidence relating to the Opponent's prior use and registration of its own trade marks, and the subsequent adoption and use of the contested trade mark by the Applicant or an associated entity. As a ground of opposition had been successfully established, the Hearing Officer did not need to consider the remaining grounds.

Consequently, the Hearing Officer decided to refuse the registration of the trade mark for all services. The refusal was to be recorded one month from the date of the decision, unless a notice of appeal was filed. The Hearing Officer also awarded costs against the Applicant in favour of the Opponent.