StockX LLC v GEO Industries Pty Ltd

The applicant, StockX LLC, sought to register trade mark number 2041161. The respondent, GEO Industries Pty Ltd, opposed this application. The decision was made by the Registrar.

The primary legal issue before the Registrar was whether to register the trade mark, having regard to the grounds of opposition raised by GEO Industries Pty Ltd. Specifically, the Registrar was required to determine if any of the grounds of opposition had been established.

The Registrar's reasoning was based on section 55 of the *Trade Marks Act 1995* (Cth), which mandates that the Registrar must decide to refuse or register a trade mark having regard to the extent to which any ground of opposition has been established. In this instance, the Registrar found that the ground of opposition under section 62A of the Act had been established by the opponent. Consequently, the Registrar refused to register the trade mark. The Registrar also awarded costs against the applicant, stating that it is usual for costs to follow the event and seeing no reason to depart from that principle, with costs to be assessed in accordance with the *Trade Marks Regulations 1995* (Cth).