Sichuan Chuanwazi Food Co Ltd v Chuan Zhao

In this matter before the Registrar, Louise Tuohy, the dispute concerned the registration of trade mark application number 2362470. The applicant sought to register the trade mark, while the opponent opposed this registration.

The primary legal issue before the Registrar was whether the trade mark application should be registered or refused, having regard to the grounds of opposition raised by the opponent. The Registrar was required to determine the extent to which any of these grounds of opposition had been established.

The Registrar reasoned that the opponent had not established any of the grounds of opposition nominated. Consequently, pursuant to section 55 of the relevant legislation, the Registrar decided that the trade mark application could proceed to registration. The Registrar also addressed the parties' requests for costs, applying the usual principle that costs follow the event and awarding costs against the opponent.