Shenzhen Falaisheng Consulting Management Co., Ltd. v Guangdong Kuaike E-Commerce Co., Ltd

Shenzhen Falaisheng Consulting Management Co., Ltd. (the Opponent) opposed the registration of trade mark application number 2073115 by Guangdong Kuaike E-Commerce Co., Ltd. (the Applicant). The dispute concerned the registrability of the Applicant's trade mark.

The primary legal issue before the Delegate of the Registrar of Trade Marks was whether the Opponent had established any grounds for opposing the registration of the Applicant's trade mark under the *Trade Marks Act 1995* (Cth). Specifically, the Delegate considered grounds under sections 41 and 59 of the Act.

The Delegate found that the Opponent had failed to establish the ground of opposition under section 41, nor had it established any other nominated grounds. Consequently, the Delegate ruled that the trade mark application could proceed to registration. The Delegate also awarded costs against the Opponent in favour of the Applicant, applying the general rule that costs follow the event. The registration was to proceed one month from the date of the decision, unless a notice of appeal was filed, in which case registration would be stayed pending the outcome of the appeal.