Paradise Beverages (Fiji) Limited v Kylie Farrelly

Paradise Beverages (Fiji) Limited was the opponent in proceedings before the Registrar of Trade Marks concerning an application by Kylie Farrelly to register a trade mark. The dispute centred on whether the grounds of opposition raised by Paradise Beverages had been established.

The Registrar was required to determine whether any grounds on which the application for registration of the trade mark was opposed had been established by the opponent.

The Registrar reasoned that the opponent had not established any grounds of opposition. Accordingly, pursuant to section 55 of the Act, the Registrar decided that the trade mark could proceed to registration one month from the date of the decision, unless an appeal was lodged. The Registrar also directed that registration would be stayed pending the outcome of any appeal. Costs were awarded against the opponent.