Suyen Corporation v Shiny Pty Ltd

Suyen Corporation, the applicant, sought to register a trade mark, and Shiny Pty Ltd, the opponent, opposed this application. The decision was made by Iain Thompson.

The primary legal issue before the court was whether the opposition to the registration of the trade mark had been established to any extent, and consequently, whether the Registrar was required to refuse or could proceed with the registration of the trade mark under subsection 55(1) of the Act.

The court found that the opposition to the trade mark registration had not been established on any of the grounds argued. Therefore, the Registrar was directed to proceed with the registration of the trade mark one month from the date of the decision, unless an appeal was filed. In the event of an appeal, registration was stayed until the appeal was resolved, with the final disposition to be in accordance with the Court's orders. The applicant, Suyen Corporation, was awarded costs against the opponent.