Prosper Australia Inc v Peet & Company Ltd

This decision concerns an application for trade mark registration brought by Peet & Company Ltd, opposed by Prosper Australia Inc. The matter came before Jock McDonagh, a Hearing Officer in the Trade Marks Hearings, on 31 October 2008.

The primary legal issue before the Hearing Officer was to determine whether any of the grounds of opposition raised by Prosper Australia Inc. against Peet & Company Ltd's trade mark application had been established. This determination was to be made in accordance with section 55 of the relevant Act, which mandates the Registrar to decide whether to refuse or register a trade mark based on the success of any opposition grounds.

The Hearing Officer found that Prosper Australia Inc. had been unsuccessful in establishing any of the grounds of opposition it had put forward. Consequently, pursuant to section 55(b) of the Act, the Hearing Officer directed that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was lodged. In the event of an appeal, registration was to be stayed pending the outcome of the appeal. The Hearing Officer also awarded costs against the opponent, Prosper Australia Inc., in favour of the successful applicant, Peet & Company Ltd, applying the general rule regarding costs.