Southcorp Brands Pty Ltd v Luzhou Lao Jiao Co Ltd

This decision concerns an opposition by Southcorp Brands Pty Ltd to the registration of a trade mark by Luzhou Lao Jiao Co Ltd. The dispute arose from an application to register a trade mark, which was opposed by Southcorp Brands. The hearing officer, Iain Thompson, sitting in the Trade Marks Hearings, was tasked with determining the outcome of this opposition.

The primary legal issue before the hearing officer was whether the grounds on which the application was opposed had been established, and consequently, whether the trade mark should be registered. Section 55 of the relevant Act outlines the Registrar's duty to decide whether to refuse or register a trade mark, taking into account any established grounds of opposition.

The hearing officer reasoned that the opposition had been established. Applying section 55 of the Act, the hearing officer decided to refuse the registration of the trade mark application, identified as application number 1807798. Furthermore, in accordance with section 221 of the Act, the hearing officer awarded costs against the applicant, Luzhou Lao Jiao Co Ltd, on the official scale.