POSmate Pty Ltd and Raymond Gaud v PICA Australia Pty Limited

This decision concerns an application for trade mark registration brought by POSmate Pty Ltd and Raymond Gaud (the Applicants) against an opposition lodged by PICA Australia Pty Limited (the Opponent). The matter came before Benjamin Goldsworthy.

The central legal issue before the Registrar was whether any of the grounds of opposition raised by PICA Australia Pty Limited had been established, thereby preventing the registration of the trade mark.

The Registrar determined that the Opponent had failed to establish any of the grounds upon which the opposition was based. Consequently, pursuant to section 55 of the relevant legislation, the Registrar decided to register the trade mark. The Registrar also ordered that costs follow the event, awarding costs against the Opponent in accordance with the Trade Marks Regulations 1995 (Cth). Registration was directed to proceed one month from the date of the decision, unless a notice of appeal was served, in which case registration would be stayed pending the outcome of the appeal.