Rochelle Dale Morris-Starr v Australian Brands Alliance Pty Ltd

This decision concerns a trade mark opposition proceeding before the Registrar of Trade Marks, where Rochelle Dale Morris-Starr (the Opponent) opposed the registration of trade mark application number 2046500 by Australian Brands Alliance Pty Ltd (the Applicant). The dispute centred on whether the opposition grounds, particularly those relating to bad faith, were sufficiently established.

The primary legal issue before the Registrar was to determine whether any of the grounds of opposition raised by the Opponent had been established, thereby justifying the refusal of the trade mark application. Specifically, the Registrar considered the ground of opposition based on alleged bad faith in the filing of the trade mark application.

The Registrar reasoned that the onus of demonstrating bad faith rests squarely on the party making the allegation, requiring evidence to satisfy the civil standard of the balance of probabilities. Citing the principle that a finding of bad faith should not be taken lightly, the Registrar concluded that the Opponent had failed to establish the s 62A ground of opposition. Consequently, as no grounds of opposition were established, the Registrar directed that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. The Registrar also awarded costs against the Opponent, following the general rule that costs follow the event.