Re: Opposition by Prime Property Group SA Pty Ltd to registration of trade mark application number 1932172 (36) - People's Choice in the name of Australian Central Credit Union Limited And Re: Opposition by..

This matter concerned an opposition by Prime Property Group SA Pty Ltd (the Opponent) to the registration of trade mark application numbers 1932172 and 1932173 by Australian Central Credit Union Limited (the Applicant). The Opponent nominated grounds of opposition under sections 44, 58, 58A, and 60 of the *Trade Marks Act 1995* (Cth), but only pressed the grounds under sections 44 and 60. The hearing was conducted by Louise Tuohy, a delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether the grounds of opposition under sections 44 and 60 of the Act had been established by the Opponent on the balance of probabilities. The relevant date for determining the rights of the parties was 7 June 2018, being the filing and priority date of the Applicant's trade marks. The Opponent also sought to rely on further evidence filed after the usual evidence period, which the Applicant opposed.

The delegate determined that the further evidence sought to be introduced by the Opponent was not crucial to the determination of the matter and therefore gave it no weight. Having considered the evidence and submissions, the delegate found that the Opponent had not established any of the grounds of opposition pressed. Consequently, the delegate decided that the trade marks could proceed to registration. The delegate also awarded costs against the Opponent, as is usual when costs follow the event.