RAMS Financial Group Pty Limited v Real Asset Management Pty Ltd

RAMS Financial Group Pty Limited (the Applicant) sought to register two trade marks, numbers 2062766 and 2178920. Real Asset Management Pty Ltd (the Opponent) opposed these applications. The matter was heard by Anne Makrigiorgos, a delegate of the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the Opponent had established any of the grounds of opposition pursued, including those under sections 42(b), 44, 58, 59, 60, 62(b), and 62A of the *Trade Marks Act 1995* (Cth). A preliminary matter also arose concerning the Opponent's lack of notification regarding the Applicant's deletion of divisional claims and the consequent change in priority dates, which the Opponent argued had deprived it of sufficient time to consider additional grounds of opposition.

The delegate found that the Opponent had established the ground of opposition under section 60 of the *Trade Marks Act 1995*. Consequently, the delegate refused to register both trade marks. The delegate also directed that registration should not occur pending any appeal. Both parties sought costs, and the delegate awarded costs against the Applicant, with costs for one opposition being at the standard rate and costs for the other being reduced.