Opposition by Sandoz AG to registration of trade mark application number

This matter concerned an opposition by Sandoz AG to the registration of a trade mark application. The decision was made by Hearing Officer T Williams of the Australian Trade Marks Office.

The primary legal issue before the Hearing Officer was whether any of the grounds on which the application was opposed had been established, pursuant to section 55(1) of the relevant legislation.

The Hearing Officer found that no ground of opposition had been established. Accordingly, the trade mark application was permitted to proceed to registration, subject to the usual appeal period. The Hearing Officer also made directions regarding the registration process in the event of an appeal and awarded costs against the Opponent in favour of the Applicant, as is customary when the Applicant is successful.