Pacer Auto Products Pty Ltd v CW Brands Pty Ltd

Pacer Auto Products Pty Ltd, the opponent, opposed the registration of trade mark number 2164839 by CW Brands Pty Ltd, the applicant, under section 52 of the *Trade Marks Act 1995* (Cth). The opposition was based on various grounds, including those provided for in sections 42(b), 58, 60, and 62A of the Act. The decision was made by Louise Tuohy.

The court was required to determine whether any of the grounds of opposition raised by Pacer Auto Products Pty Ltd had been established to the extent that the registration of the trade mark should be refused. Specifically, the court had to consider the merits of the opposition under sections 42(b), 58, 60, and 62A of the *Trade Marks Act 1995* (Cth).

The court found that none of the grounds on which the application was opposed had been established. Applying section 55 of the *Trade Marks Act 1995* (Cth), which mandates the Registrar to decide to refuse or register a trade mark having regard to the extent to which any ground of opposition has been established, the court decided that the trade mark could proceed to registration. The court also awarded costs against the opponent, Pacer Auto Products Pty Ltd, in accordance with section 221 of the Act, as it is usual for costs to follow the event.