Re Opposition by Sugarlean (Pty) Ltd to registration of trade mark application 1941198 (30) - Sugarlean in the name of Joseph Seccas

This matter concerned an opposition by Sugarlean (Pty) Ltd to the registration of trade mark application 1941198, "Sugarlean," in the name of Joseph Seccas. The opposition was heard by Robert Wilson, acting as a delegate of the Registrar of Trade Marks.

The legal issues before the Hearing Officer were whether the grounds of opposition raised by Sugarlean (Pty) Ltd under sections 43, 58, 59, and 62A of the *Trade Marks Act 1995* (Cth) had been established. The onus of proof rested on the Opponent, with the standard of proof being the ordinary civil standard on the balance of probabilities, assessed as at the filing date of the application, 16 July 2018.

The Hearing Officer determined that the Opponent had failed to establish any of the grounds of opposition. This conclusion was primarily based on the fact that the Opponent's evidence, specifically a declaration by Olaf Kretzschmar, was filed out of time and without a valid application for an extension of time. Consequently, this evidence was not considered correctly filed and was excluded from consideration. Further, a document appended to the Opponent's submissions, purporting to be part of a declaration dated 23 March 2020, was also not considered as it was not correctly filed. As no grounds of opposition were established, the Hearing Officer ordered that the trade mark application may proceed to registration, subject to a stay if an appeal was filed. The Opponent was also ordered to pay the Applicant's costs.