Riding for the Disabled Association of Australia Limited v Pony Club Australia Pty Ltd

This matter concerned an opposition by Riding for the Disabled Association of Australia Limited (the Opponent) against the registration of a trade mark by Pony Club Australia Pty Ltd (the Applicant). The dispute arose from the Opponent's contention that the Applicant's proposed trade mark should not be registered. The decision was made by Adrian Richards, a Hearing Officer in the Trade Marks and Designs section.

The primary legal issue before the Hearing Officer was whether any of the grounds of opposition raised by the Opponent had been established to the extent that the Applicant's trade mark should be refused registration. This required an assessment of the evidence filed by both parties in relation to the opposition.

The Hearing Officer determined that the Opponent had not established any of the grounds of opposition it had nominated. The evidence filed by the Opponent, including declarations from its Executive Officer, State Office Manager, and State Office Administrator, was found to be insufficient to support its case. Similarly, while the Applicant's evidence in answer included opinions from individuals experienced in the horse industry, these were also deemed not relevant to the grounds of opposition. Consequently, the Hearing Officer decided that the trade mark could proceed to registration.

The Hearing Officer ordered that the trade mark may proceed to registration one month from the date of the decision, unless an appeal was filed. The Hearing Officer also awarded costs against the Opponent, applying the general rule that costs follow the event.