SJM Developments Pty Ltd v S J M Property Developments Pty Ltd

SJM Developments Pty Ltd, the applicant, sought to register a trade mark. S J M Property Developments Pty Ltd, the opponent, opposed this application. The decision was made by Benjamin Goldsworthy.

The court was required to determine whether any of the grounds of opposition raised by the opponent under the *Trade Marks Act 1995* (Cth) had been established. Specifically, the grounds relied upon included sections 42(b), 44, 58A, 58, 60, and 62A of the Act.

The court found that the opponent had successfully established grounds of opposition under sections 44 and 58 of the *Trade Marks Act 1995* in respect of certain services. Consequently, pursuant to section 55 of the Act, the court decided to refuse the registration of the trade mark. The court also made directions regarding the disposition of the application in the event of an appeal and awarded costs against the applicant in favour of the opponent.