Suzanne Grae Corporation Pty Ltd v Design West Mode Pty Ltd

Suzanne Grae Corporation Pty Ltd, the applicant, sought to register a trade mark, while Design West Mode Pty Ltd acted as the opponent. The dispute concerned the opposition to the registration of Suzanne Grae Corporation Pty Ltd's trade mark. The decision was made by M. Cooper.

The primary legal issue before the Registrar was whether the grounds of opposition raised by Design West Mode Pty Ltd had been established, thereby preventing the registration of Suzanne Grae Corporation Pty Ltd's trade mark. The Registrar was required to consider the extent to which any ground of opposition was proven, in accordance with section 55 of the relevant Act.

The Registrar determined that the opponent, Design West Mode Pty Ltd, had failed to establish any of the grounds of opposition it had nominated. Consequently, the Registrar decided that the trade mark application could proceed to registration, subject to a one-month period from the date of the decision. The Registrar also stipulated that if a notice of appeal was served before the expiry of this period, registration would be stayed until the appeal was withdrawn or a court ordered otherwise. In relation to costs, the Registrar applied the general rule that costs follow the event, awarding costs against the opponent due to its failure to establish any grounds of opposition.