Sapient Australia Pty Ltd and Sapient Corporation v SAP Aktiengesellschaft

Sapient Australia Pty Ltd and Sapient Corporation (the applicants) sought to register trademarks in various classes. SAP Aktiengesellschaft (the opponent) opposed the registration. The matter came before the court for determination.

The court was required to determine whether the opponent had established grounds for opposing the registration of the applicants' trademarks. Specifically, the court considered whether the opponent had used its own trademarks in relation to goods and services that overlapped with those sought by the applicants.

The court found that the opponent had indeed used its trademarks in relation to goods and services across all the classes for which the applicants sought registration. This included printed material, education services, advisory services, and articles of clothing. This established use by the opponent was a key factor in the court's consideration of the opposition.