Patron Spirits International AG v Fernbrew Pty Ltd

Patron Spirits International AG (the Applicant) sought to register a trade mark, and Fernbrew Pty Ltd (the Opponent) opposed this application. The decision was made by Adrian Richards, acting as the Registrar. The core of the dispute concerned whether the grounds of opposition raised by Fernbrew Pty Ltd were sufficiently established to prevent the registration of the trade mark.

The Registrar was required to determine whether any of the grounds of opposition pressed by the Opponent had been established, and consequently, whether to refuse or register the trade mark pursuant to section 55 of the relevant Act. The Registrar also had to consider the appropriate orders for costs, given that both parties had requested them.

The Registrar reasoned that as the Opponent had failed to establish any of the grounds of opposition it had raised, the trade mark should proceed to registration. The Registrar ordered that the trade mark be registered one month from the date of the decision, unless an appeal was filed within that period. If an appeal was filed, registration would be stayed until the appeal was withdrawn or discontinued. Applying the general rule that costs follow the event, the Registrar awarded costs against the Opponent.