Shambles Communications Pty Ltd and Gareth Eden Styche v Kelli Johnson

This matter concerned an opposition filed by Shambles Communications Pty Ltd and Gareth Eden Styche (the Opponent) against a trade mark application by Kelli Johnson (the Applicant). The Opponent filed evidence in support of its opposition, which included a declaration from Gareth Eden-Styche. The Applicant subsequently filed evidence in answer, comprising a declaration from Kelli Johnson with several exhibits. The Opponent did not file any evidence in reply. The Applicant asserted that the information within its declaration was confidential.

The legal issues before the delegate of the Registrar of Trade Marks were whether the Opponent had established the grounds of opposition it nominated, specifically under section 44 of the relevant Act, and whether the Applicant's claim of confidentiality over its evidence would prevent a proper determination of the opposition. The delegate was required to decide whether to refuse or register the Applicant's trade mark, having regard to the extent to which any ground of opposition had been established.

The delegate adopted the approach of a previous decision in *Source Homeloans Pty Ltd v Coles Group Ltd*, acknowledging that a confidentiality claim could unduly restrict the ability to consider the evidence filed in support of an opposition. The delegate reasoned that the Opponent, having filed evidence, must expect it to be discussed and weighed. While acknowledging the potential for commercially sensitive matters within the evidence, the delegate determined that a detailed discussion of these specific matters was not necessary for the decision. Ultimately, the delegate found that the Opponent had failed to establish the grounds of opposition.

The delegate ordered that the Applicant's trade mark application could proceed to registration not less than one month from the date of the decision, subject to any notice of appeal. The Opponent was ordered to pay the Applicant's costs.