PGA Australia Ltd v LPGA

This decision concerns an application for registration of a trade mark, brought by PGA Australia Ltd (the applicant) and opposed by LPGA (the opponent). The matter came before Jock McDonagh, presumably acting as the Registrar of Trade Marks, for a decision on the opposition.

The central legal issue was whether any of the grounds of opposition relied upon by LPGA had been established, thereby preventing the registration of PGA Australia Ltd's trade mark. Section 55 of the relevant Act dictates that the Registrar must decide to refuse or register a trade mark, taking into account any established grounds of opposition.

The Registrar found that the opponent had not established any of the grounds of opposition it had advanced. Consequently, the Registrar determined that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. In the event of an appeal, registration would be stayed until the appeal was resolved. The Registrar also ordered that the opponent pay the applicant's costs.