Sre Janani Kularajah v Just Sort It Out Pty Ltd

This matter concerns a trade mark opposition filed by Sre Janani Kularajah (the Opponent) against the potential registration of a trade mark by Just Sort It Out Pty Ltd (the Applicant). The Opponent lodged a Statement of Grounds and Particulars, alleging infringement under various sections of the relevant legislation, including sections 43, 44, 58, 59, 60, and 62A. The Applicant filed a Notice of Intention to Defend. The proceedings were allocated to a delegate of the Registrar of Trade Marks for a decision based on the written record, as the Applicant elected to proceed without a hearing.

The legal issues before the delegate of the Registrar were to determine whether any of the grounds of opposition raised by the Opponent had been established. Specifically, the Opponent needed to demonstrate that the Applicant's proposed trade mark should be refused registration based on the grounds pleaded. The Opponent provided evidence of operating a property buyer's agency under the name 'Property Pals' since April 2023, including business registration, domain name registration, social media marketing, and merchandise. The Opponent also presented evidence of business awards and client reviews, but no evidence of sales, employee numbers, customer numbers, or advertising spend. The Applicant filed no evidence.

The delegate considered the evidence presented and found that the Opponent had failed to establish any of the grounds of opposition. In particular, regarding the ground of bad faith under s 62A, the delegate noted that mere knowledge of another person's trade mark prior to the relevant date, without more, does not constitute bad faith. The Opponent's allegation of bad faith was found to be merely an assertion of prior knowledge by the Applicant, which was insufficient to establish the ground. Consequently, the delegate concluded that the trade mark application could proceed to registration. The Applicant was awarded costs against the Opponent.