Positec Group Limited v Prima KK Divitiae Corp

In this matter before the Registrar, Positec Group Limited (the Applicant) sought to register a trade mark, and Prima KK Divitiae Corp (the Opponent) opposed the application. The dispute concerned the registrability of the Applicant's trade mark.

The primary legal issue before the Registrar was whether any of the grounds of opposition raised by the Opponent had been established, which would necessitate a refusal to register the trade mark. The Registrar was required to consider the provisions of the *Trade Marks Act 1995* (Cth), specifically section 55, which governs the decision-making process following an opposition.

The Registrar reasoned that the Opponent had successfully established a ground of opposition in relation to all the goods for which the Applicant sought registration. Applying section 55(1) of the *Trade Marks Act 1995*, the Registrar determined that the trade mark could not be registered. Consequently, the Registrar refused to register trade mark number 2326707. The Registrar also ordered that costs follow the event, awarding costs against the Applicant.