Opposition by Signtronic Pty Ltd to registration of trade mark application number 2090359 (Class 9) – SIGNTRONICS LEADING THE WAY IN ELECTRONIC COMMUNICATION with device - in the names of Jo-Anne Puggioni and...

Signtronic Pty Ltd (the Opponent) opposed the registration of trade mark application number 2090359, comprising the words "SIGNTRONICS LEADING THE WAY IN ELECTRONIC COMMUNICATION" with a device, filed by Jo-Anne Puggioni and another (the Applicants) in Class 9. The opposition was heard by Blake Knowles, Hearing Officer, Delegate of the Registrar of Trade Marks.

The legal issues before the Hearing Officer included whether the Opponent had established any of the grounds of opposition pressed, specifically under sections 42(b), 44, 58, 58A, and 60 of the *Trade Marks Act 1995* (Cth). The Opponent bore the burden of establishing at least one ground on the balance of probabilities, with the rights of the parties 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* (Cth). This finding was sufficient to determine the opposition, and therefore, it was not necessary to consider the other grounds relied upon by the Opponent. The evidence indicated that the Opponent was the owner of a registered trade mark for the mark "Signtronic" with a priority date of 12 July 2019, covering goods in Classes 6, 9, and 19, including luminous advertising signs and signage.

Consequently, the Hearing Officer decided to refuse the registration of the Applicants' trade mark application. The refusal was to be recorded one month from the date of the decision, unless a notice of appeal was served on the Registrar of Trade Marks. The Hearing Officer also awarded costs against the Applicants in favour of the Opponent, as costs typically follow the event.