TackX International Pty Ltd v Limited Edition Surf Hardware Pty Ltd

TackX International Pty Ltd, the opponent, opposed the registration of a trade mark by Limited Edition Surf Hardware Pty Ltd, the applicant, before the Registrar of Trade Marks. The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth), with the specific ground pursued being under section 62(b) of the Act.

The central legal issue before the Registrar was whether the opponent had established the ground of opposition under section 62(b) of the *Trade Marks Act 1995* (Cth). This section concerns the circumstances in which a trade mark application may be refused registration.

The Registrar determined that the opponent had failed to establish the ground of opposition relied upon. Consequently, the opposition was not made out. In accordance with section 55(1) of the Act, which mandates the Registrar to decide to register or refuse a trade mark having regard to the grounds of opposition, the Registrar decided that the trade mark could proceed to registration. The Registrar further ordered that the opponent pay the applicant's costs, pursuant to section 221 of the Act and Schedule 8 of the Regulations, as the applicant had prevailed in the proceedings.