PEM Studios Melbourne Pty Ltd v Kalliso Holding Pty Ltd

The Registrar of Trade Marks was required to decide whether to register trade mark application number 2359091, following opposition by PEM Studios Melbourne Pty Ltd against Kalliso Holding Pty Ltd. The Registrar's decision concerned the registration of the trade mark in respect of specified goods and services, having regard to the grounds of opposition raised by PEM Studios Melbourne Pty Ltd.

The primary legal issue before the Registrar was to determine the extent to which the grounds of opposition nominated by PEM Studios Melbourne Pty Ltd had been established. This determination would then inform the Registrar's decision under section 55 of the relevant legislation, which mandates the Registrar to either refuse or register a trade mark based on the established grounds of opposition.

The Registrar found that PEM Studios Melbourne Pty Ltd had failed to establish any of the grounds of opposition it had nominated. 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 lodged. In the event of an appeal, registration would be stayed until the appeal was withdrawn or discontinued, or otherwise determined by court order. The Registrar also awarded costs against the Opponent in favour of the Applicant, applying the usual principle that costs follow the event.