Re: Opposition by Southcorp Brands Pty Ltd to registration of trade mark application 1854825 (33) - MAISON RICH (Fancy) in the name of BIN-VIN(Shanghai)Trading Co., Ltd

This matter concerned an opposition by Southcorp Brands Pty Ltd to the registration of trade mark application number 1854825, MAISON RICH, in the name of BIN-VIN (Shanghai) Trading Co., Ltd. The opposition was heard by Nicholas Smith, a delegate of the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the ground of opposition under section 62A of the *Trade Marks Act 1995* (Cth) had been established. This section relates to applications for registration made in bad faith. The delegate also considered the admissibility of further evidence filed by the opponent after the usual timeframes for evidence had expired.

The delegate reasoned that while the applicant had not filed any evidence or submissions, the opponent's further evidence, the Gibson Declaration, contained directly probative material relevant to the opposition and related to conduct occurring after the initial evidence was filed. The delegate considered it appropriate to admit this evidence to ensure the opposition could be decided on its merits, noting the applicant's lack of participation would not cause procedural disadvantage. Applying the principles from *DC Comics v Cheqout Pty Ltd*, the delegate found that the applicant's conduct, viewed in light of previous applications and broader commercial behaviour by the applicant group, demonstrated a pattern of seeking to register trade marks with the aim of passing off and misappropriating the opponent's goodwill, particularly in its Penfolds brand. This conduct was found to fall short of acceptable commercial behaviour, establishing the ground of opposition under section 62A.

Consequently, the delegate refused to register the trade mark MAISON RICH and awarded costs to the opponent.