Re: Opposition by Camatic Pty Ltd to application under section 92 of the Trade Marks Act 1995 (Cth) by AMS Group 1 Pty Ltd ATF the AMS Unit Trust and AMS Group 2 Pty Ltd as trustee for The Blueprint Family Trust..

This matter concerned an opposition by Camatic Pty Ltd (the Opponent) to a trade mark application filed by AMS Group 1 Pty Ltd ATF the AMS Unit Trust and AMS Group 2 Pty Ltd as trustee for The Blueprint Family Trust (the Applicant). The Opponent sought to remove the trade mark from the Register in respect of certain goods, alleging grounds for opposition under sections 42(b), 58, 60, and 62A of the *Trade Marks Act 1995* (Cth). The decision was made by Mary-Ann Cooper, a delegate of the Registrar of Trade Marks, based on the written record.

The primary legal issues before the delegate were whether the grounds of opposition, particularly those relating to bad faith under section 62A, had been established by the Opponent. The delegate was required to consider the evidence filed by both parties, including declarations from the Opponent and a lawyer for the Applicant, and determine the extent to which any grounds of opposition were proven. The delegate noted that evidence from a lawyer without direct knowledge of the events would be treated with caution, and direct recollections from a party with personal knowledge would be preferred in cases of conflict.

The delegate found that the Opponent had failed to establish any of the grounds of opposition. Specifically, regarding the ground of bad faith under section 62A, the delegate concluded that while there was uncertainty regarding the parties' shared understanding of ownership of the trade mark, this did not amount to an application made in bad faith. The documentary evidence was considered unclear and subject to interpretation, and the Opponent bore the onus of proof. Consequently, the delegate was not satisfied that the Applicant's conduct in filing the application was unscrupulous, underhanded, or unconscientious.

Accordingly, the delegate ordered that the trade mark application may proceed to registration, subject to a one-month waiting period from the date of the decision, unless a notice of appeal was filed. The Applicant was awarded costs against the Opponent.