Opposition by Meat & Milk Pty Ltd to registration of trade mark application number 2346585 (classes 25, 29, 35 and 40) -

This matter concerned an opposition by Meat & Milk Pty Ltd to the registration of trade mark application number 2346585, filed by an unnamed applicant. The application sought registration across classes 25 (clothing), 29 (meat products), 35 (retail services), and 40 (meat preparation). The opposition was heard by Anne Makrigiorgos, Hearing Officer and Delegate of the Registrar of Trade Marks.

The primary legal issue before the Hearing Officer was whether the grounds of opposition raised by Meat & Milk Pty Ltd had been established. Specifically, the opponent contended that the use of the trade mark by the applicant would be contrary to law, pursuant to section 42(b) of the relevant legislation. The Hearing Officer was required to determine if this ground of opposition was made out.

In reaching her decision, the Hearing Officer considered the evidence and submissions presented by both parties. She found that the opponent had failed to establish that the use of the trade mark by the applicant would be contrary to law. Consequently, the ground of opposition under section 42(b) was not established. The Hearing Officer also noted that the opponent had failed to establish any of the other nominated grounds of opposition.

As a result, the Hearing Officer decided to register the trade mark, subject to the usual one-month period following the decision for any appeal to be lodged. If an appeal were filed, registration would be stayed until the appeal was withdrawn or discontinued. The Hearing Officer also ordered that the opponent pay the applicant's costs, in accordance with the usual practice of costs following the event.