Re: Opposition by Transwood Pty Ltd to registration of trade mark application number 1830485 (class 33) - Schmeider in the name of Acquire Investment Pty Ltd

This matter concerned an opposition by Transwood Pty Ltd to the registration of trade mark application number 1830485, SCHMEIDER, in Class 33, filed by Acquire Investment Pty Ltd. The opposition was heard by Louise Tuohy, Hearing Officer, acting as Delegate of the Registrar of Trade Marks.

The legal issues before the Hearing Officer were whether the trade mark application should be refused registration on the grounds of opposition pressed by Transwood Pty Ltd, specifically under sections 58, 60, and 62A of the *Trade Marks Act 1995* (Cth). These grounds relate to whether the application was filed in bad faith.

The Hearing Officer found that Transwood Pty Ltd had met the onus of proof in establishing the ground of opposition under section 62A of the Act. The evidence indicated that Transwood Pty Ltd had been operating a cooperage business under the name SCHMEIDER’S COOPERAGE and using the trade marks SCHMEIDER and SCHMEIDER’S COOPERAGE since 1982, with continuous and consistent use in relation to their goods and services, both domestically and internationally. The Hearing Officer concluded that the application for registration of the SCHMEIDER trade mark by Acquire Investment Pty Ltd should be refused.

Accordingly, the Hearing Officer refused to register the trade mark. The Hearing Officer also awarded costs to the Opponent, Transwood Pty Ltd, against the Applicant, Acquire Investment Pty Ltd, on the official scale.