Sunshine Investments Australia Pty Ltd v United Petroleum Pty Ltd

In this matter before the Registrar, Sunshine Investments Australia Pty Ltd (the Opponent) opposed the registration of a trade mark by United Petroleum Pty Ltd (the Applicant). The dispute concerned the Applicant's application to register trade mark 1856201.

The primary legal issue before the Registrar was whether the grounds of opposition raised by the Opponent under the *Trade Marks Act 1995* (Cth) were established. Specifically, the Registrar was required to consider the grounds of opposition pursuant to sections 44 and 60 of the Act.

The Registrar found that the Opponent had successfully established the ground of opposition under section 44. However, this ground was subsequently overcome by an amendment made by the Applicant to the services specified in its application. The Registrar also determined that the ground of opposition under section 60 was not established. Consequently, the Registrar decided to register the trade mark, subject to a one-month period following the decision, unless an appeal was lodged. Given that each party achieved a measure of success, the Registrar declined to make any award of costs.