Rogers Seller & Myhill Pty Ltd v Reece Pty Ltd

The decision concerned an application for registration of trade marks by Rogers Seller & Myhill Pty Ltd, which was opposed by Reece Pty Ltd. The Registrar of Trade Marks was required to determine whether the grounds of opposition raised by Reece Pty Ltd had been established, thereby preventing the registration of the trade marks.

The primary legal issue before the Registrar was whether the opposition to the trade mark applications had been successful. This required an assessment of the evidence presented by the opponent against the grounds of opposition relied upon.

The Registrar reasoned that the opponent had not established any of the grounds upon which the opposition was based. Consequently, the opposition was unsuccessful. The Registrar ordered that the applications could proceed to registration unless an appeal was filed within one month, in which case registration would be stayed pending the outcome of the appeal. Costs were awarded against the opponent.