Re: Opposition by Kinsel Pty Ltd to registration of trade mark application number 1824977(33) Cape Margaret & Device in the name of Bacchus Wine Merchants Pty Ltd

This matter concerned an opposition by Kinsel Pty Ltd to the registration of the trade mark application number 1824977(33) "Cape Margaret & Device" by Bacchus Wine Merchants Pty Ltd. The decision was made by Hearing Officer Debrett Lyons.

The primary legal issue before the Hearing Officer was whether any of the grounds on which Kinsel Pty Ltd opposed the registration of the trade mark had been established.

The Hearing Officer determined that the Opponent, Kinsel Pty Ltd, had not established any ground of opposition. Accordingly, pursuant to section 55(1) of the relevant Act, the Hearing Officer decided that the trade mark could proceed to registration. The Hearing Officer also awarded costs against the Opponent in favour of the Applicant. The trade mark was to proceed to registration one month from the date of the decision, unless a notice of appeal was served on the Registrar, in which case registration would be stayed pending the outcome of the appeal.