Southcorp Brands Pty Limited v Feng Wang and Feng Wang

Southcorp Brands Pty Limited opposed the registration of trade mark application number 2077556, "WeWine," filed in the name of Feng Wang and Feng Wang. The hearing officer, Louise Tuohy, acting as delegate of the Registrar of Trade Marks, considered the opposition.

The primary legal issue before the hearing officer was whether any of the grounds on which Southcorp Brands Pty Limited opposed the registration of the "WeWine" trade mark had been established, pursuant to section 55 of the Act.

The hearing officer noted that the application initially listed two identical owners, which was an obvious error. On 16 June 2022, the applicant agreed to amend the application under section 65(7) of the Act to correct the ownership details, removing the redundant reference. As no ground of opposition was established by Southcorp Brands Pty Limited, the hearing officer decided that the trade mark application could proceed to registration one month from the date of the decision. The hearing officer also awarded costs against the Opponent, Southcorp Brands Pty Limited, under section 221 of the Act, as costs typically follow the event.