Shenzhen Fernfortune International Wines Co Limited v Bilyara Vineyards Pty Ltd

The decision of Robert Wilson in *Shenzhen Fernfortune International Wines Co Limited v Bilyara Vineyards Pty Ltd* concerned an application for trade mark registration. The applicant, Shenzhen Fernfortune International Wines Co Limited, sought to register its trade mark, and the opponent, Bilyara Vineyards Pty Ltd, opposed this application. The Registrar was required to decide whether to refuse or register the trade mark, taking into account the grounds of opposition raised by Bilyara Vineyards Pty Ltd.

The primary legal issue before the Registrar was to determine the extent to which the grounds of opposition relied upon by Bilyara Vineyards Pty Ltd had been established. Section 55 of the relevant Act mandates that the Registrar must decide on the registration of a trade mark having regard to the established grounds of opposition.

The Registrar found that the opponent, Bilyara Vineyards Pty Ltd, had failed to establish either of the grounds of opposition it had nominated. Consequently, the Registrar decided that the application could proceed to registration one month after the date of the decision, unless an appeal was filed. In the event of an appeal, registration was to be stayed until the appeal was withdrawn or a court ordered otherwise. The Registrar also awarded costs against the opponent in favour of the applicant, applying the general rule that costs follow the event and referencing Schedule 8 of the Trade Mark Regulations 1995.