Shophouse LLC v David Loh

In this matter before Katrina Brown, the Registrar of Trade Marks, the dispute concerned the registration of trade mark application 1562117. The Applicant sought to register the trade mark, while the Opponent opposed this application.

The primary legal issue before the Registrar was whether any of the grounds on which the application was opposed had been established, thereby requiring the Registrar to refuse registration under section 55(1) of the Act.

The Registrar reasoned that the Opponent had failed to establish any ground of opposition. Consequently, pursuant to section 55(1)(b) of the Act, the Registrar decided that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. The Registrar also directed that if a notice of appeal was served, registration would be stayed pending the outcome of the appeal. As the Applicant was the successful party, the Registrar awarded costs against the Opponent.