Opti Licences Pty Ltd v M.D.Visage Pty Ltd

Opti Licences Pty Ltd (the Applicant) sought to register a trade mark, which was opposed by M.D. Visage Pty Ltd (the Opponent). The decision concerns the Registrar's determination of whether to register the trade mark, as mandated by section 55 of the Act.

The central legal issue before the court was whether the grounds on which the application for trade mark registration was opposed had been established to such an extent that the Registrar should refuse registration. The court was required to consider the evidence presented in relation to these grounds of opposition.

The court determined that the Registrar should refuse to register the trade mark. Having been successful in its opposition, the Opponent was awarded costs against the Applicant, to be assessed on the official scale set out in Schedule 8 to the Trade Mark Regulations 1995.