R.G. & R.T. Trott Pty Ltd v Lentil Global Pty Ltd

The decision concerns a trade mark opposition proceeding before the Registrar of Trade Marks, where R.G. & R.T. Trott Pty Ltd (the Opponent) opposed the registration of trade mark application number 2396535 by Lentil Global Pty Ltd (the Applicant). The core of the dispute revolved around whether the grounds of opposition raised by the Opponent had been established to the extent that the trade mark should be refused registration.

The Registrar was required to determine whether any of the grounds on which the application was opposed had been established, and consequently, whether to refuse or register the trade mark. The Registrar also had to consider the parties' respective claims for an award of costs.

The Registrar reasoned that the Opponent had failed to establish any of the grounds of opposition nominated in the relevant regulations. Accordingly, pursuant to section 55 of the relevant legislation, the Registrar decided that the trade mark application could proceed to registration. The Registrar also applied the general principle that costs follow the event, awarding costs against the Opponent.