Re Opposition by Deanna Campese to registration of trade mark application 1842813 (44) - Lash'd Doll House - in the name of Lash HQ Pty Ltd

Case

[2020] ATMO 99

4 June 2020


Details
AGLC Case Decision Date
Re Opposition by Deanna Campese to registration of trade mark application 1842813 (44) - Lash'd Doll House - in the name of Lash HQ Pty Ltd [2020] ATMO 99 [2020] ATMO 99 4 June 2020

CaseChat Overview and Summary

This decision concerns an opposition by Deanna Campese to the registration of the trade mark application 1842813, "Lash'd Doll House", filed by Lash HQ Pty Ltd. The opposition was heard by Robert Wilson, acting as a delegate of the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the ground of opposition raised under section 44 of the *Trade Marks Act 1995* (Cth) had been established. This section deals with the registration of trade marks that are deceptively similar to earlier trade marks.

The delegate found that the opponent had successfully established the ground of opposition under section 44. Consequently, the delegate refused to register the applicant's trade mark. The delegate also ordered that the applicant pay the opponent's costs, applying the general rule that costs follow the event and referencing Schedule 8 of the *Trade Mark Regulations 1995*.
Details

Areas of Law

  • Intellectual Property

  • Administrative Law

Legal Concepts

  • Statutory Construction

  • Remedies

  • Costs

  • Jurisdiction