Opposition by SO Nominees Pty Limited as trustee for Soul Origin IP Unit Trust to registration of trade mark application number 2182437 (class 43) – SOUL BROTHERS (word) – in the name of Denis Kendes and Eunjeong Ko

This decision concerns an opposition by SO Nominees Pty Limited as trustee for Soul Origin IP Unit Trust (the Opponent) to the registration of trade mark application number 2182437, for the word mark "SOUL BROTHERS" in class 43, filed by Denis Kendes and Eunjeong Ko (the Applicants). The matter was before the Registrar of Trade Marks.

The primary legal issue before the Registrar was whether any of the grounds on which the Opponent opposed the registration of the trade mark had been established.

The Registrar determined that the Opponent had not established any ground of opposition. Consequently, the Registrar decided that the trade mark application could proceed to registration, subject to a one-month waiting period from the date of the decision, unless an appeal was filed. If an appeal were filed, registration would be stayed until the appeal was resolved. The Registrar also awarded costs against the Opponent in favour of the Applicants, in accordance with the usual practice of costs following the event.