Rebecca Serena Boe v Johnny Trayes Pty Ltd

This matter comes before Blake Knowles, a Delegate of the Registrar of Trade Marks, concerning an opposition filed by Rebecca Serena Boe against an application by Johnny Trayes Pty Ltd. The dispute centres on the use of the business name "Rivage" in the context of a window furnishing business, with allegations of misrepresentation and false identification. The evidence presented includes declarations from Ms. Rebecca Boe, Mr. Steven John Trayes (director of the Applicant), and Ms. Norma Boe.

The primary legal issue before the Delegate was whether the Applicant's trade mark application should be refused on the grounds of opposition. Specifically, the Delegate was required to determine if a ground of opposition under section 62A of the relevant legislation had been established. This section generally deals with applications made in bad faith. The Delegate also had to consider the burden of proof, which rests on the Opponent to establish the grounds of opposition on the balance of probabilities, and assess the rights of the parties as at the Relevant Date.

The Delegate found that the Opponent had successfully established a ground of opposition under section 62A. While the evidence contained personal information and opinions relating to family disputes, the Delegate focused on the bearing of this information on the decision. The Delegate was satisfied that the Applicant's actions constituted a misrepresentation or false identification, leading to the conclusion that the application was made in bad faith. Having established this ground, the Delegate deemed it unnecessary to consider the other nominated grounds of opposition.

Consequently, the Delegate ordered that the Applicant's trade mark application be refused. This refusal is to be recorded one month from the date of the decision, unless a notice of appeal is served on the Registrar of Trade Marks within that period. If an appeal is filed, the ultimate disposition of the opposition will be determined by the court.