Opposition by LTFT Pty Ltd as Trustee for the Davey Family Trust No. 2 to registration of trade mark application number 1996385 (classes 37 and 42) – NEED I.T. FIXED? SUPERFIXED, SUPERFAST! - in the name Geek Group...

This matter concerned an opposition by LTFT Pty Ltd as Trustee for the Davey Family Trust No. 2 to the registration of trade mark application number 1996385, which comprised the words "NEED I.T. FIXED? SUPERFIXED, SUPERFAST!" in classes 37 and 42, filed in the name of Geek Group. The decision was made by Nicole Worth.

The primary legal issue before the Registrar was whether the ground of opposition under section 58 of the *Trade Marks Act 1995* (Cth) had been established. Section 58 provides that an application for registration of a trade mark must be refused if the applicant is not the owner of the trade mark at the time the application is filed.

The Registrar found that the opponent had established the ground of opposition under section 58. The reasoning, as indicated by the catchwords, was that the applicant was not the owner of the trade mark at the time the application was filed, and this defect could not be cured by a later assignment. Consequently, the Registrar refused to register the trade mark. The Registrar also awarded costs against the applicant, as costs typically follow the event.