Southcorp Brands Pty Limited v Eastern Tomorrow Jinjiang Import & Export Co Ltd

Southcorp Brands Pty Limited (the Applicant) sought to register three trade marks, applications 1793252, 1793526, and 1793527. Eastern Tomorrow Jinjiang Import & Export Co Ltd (the Opponent) opposed these applications. The decision was made by Iain Campbell Thompson.

The primary legal issue before the court was whether the grounds on which the Opponent opposed the trade mark applications had been established, thereby requiring the Registrar to refuse registration under section 55 of the relevant Act. The court was also required to determine the appropriate costs order in light of the outcome of the oppositions.

The court determined that the grounds for opposition were established, leading to a refusal to register the trade marks. Applying section 55(1) of the Act, the Registrar was mandated to refuse registration having regard to the established grounds of opposition. Furthermore, pursuant to section 221 of the Act, the court awarded costs against the Applicant in favour of the Opponent, to be assessed on the official scale.