Re Woolworths Limited

The matter of *Re Woolworths Limited* concerned an application for registration of a trade mark. The applicant, Woolworths Limited, sought to register a trade mark, and the Registrar of Trade Marks opposed the registration based on the examiner's second report. The specific details of the trade mark and the grounds for opposition are not fully elaborated in the provided text, but it is clear that the dispute involved the registrability of the mark in light of existing trade marks.

The central legal issue before the court was whether the proposed trade mark was registrable, particularly in circumstances where it contained a common element with other registered trade marks. This raised questions about the distinctiveness of the applicant's mark and the potential for confusion or deception in the marketplace if it were to be registered alongside similar existing marks.

The court's reasoning, as indicated by the reference to a point of argument not further expanded at the hearing, suggests that the applicant's legal team had initially raised a submission concerning the registration of trade marks with common elements. This submission, made in response to the examiner's report, likely relied on established legal principles regarding the registration of trade marks that share features with existing registrations, aiming to demonstrate that the applicant's mark was sufficiently distinct to warrant registration. The text does not provide the court's ultimate determination on this point or the final orders made.