Richard Wright and Barbara Wright v Roche Group Pty Ltd

This decision concerns an opposition by Richard Wright and Barbara Wright (the opponents) to a trade mark application by Roche Group Pty Ltd (the applicant) for the mark V1V. The matter came before the Deputy Registrar of Trade Marks.

The court was required to determine three grounds of opposition advanced by the opponents. These grounds related to alleged defects in the trade mark application, specifically in terms of section 62 of the relevant legislation.

The Deputy Registrar found that each of the three grounds of opposition had failed. The third ground, concerning a defect in the application under section 62, was found to be unsubstantiated and was dismissed. As all grounds of opposition failed, the trade mark application was deemed to be in order and permitted to proceed to registration one month from the date of the decision, unless an appeal was filed. The Deputy Registrar also ordered that the opponents pay the applicant's costs.