Rivers (Australia) Pty Ltd v River Island Clothing Co. Limited

This decision concerns an opposition proceeding before the Registrar of Trade Marks, acting as delegate, between Rivers (Australia) Pty Ltd (the Opponent) and River Island Clothing Co. Limited (the Holder). The dispute involved the Holder's application for the extension of protection of an International Registration Designating Australia (IRDA) to Australia. The Opponent had raised two grounds of opposition against this extension.

The primary legal issue before the delegate was whether any of the grounds of opposition relied upon by the Opponent had been established. This determination was crucial for deciding whether to refuse or extend protection for the trade mark in Australia, as mandated by Regulation 17A.34 of the Trade Marks Regulations 1995. A secondary issue was the award of costs to the parties.

The delegate found that neither of the grounds of opposition advanced by the Opponent had been established. Applying Regulation 17A.34, the delegate directed that protection of the trade mark be extended to Australia in respect of all goods and services listed in the IRDA, one month from the date of the decision, unless an appeal was lodged. The delegate also ordered that the successful Holder be awarded its costs against the Opponent, with the assessment of costs for the second opposition to follow a specified precedent.