Taj Food Sales Pty Ltd v Gerson Rangel

This matter came before Michael Kirov, Hearing Officer, acting as delegate of the Registrar of Trade Marks, concerning an opposition by Taj Food Sales Pty Ltd (the Opponent) to a trade mark application by Gerson Rangel (the Applicant). The dispute centred on the Opponent's objection to the registration of the Applicant's trade mark, specifically in relation to the Class 30 specification of goods. The Opponent sought to rely on grounds of opposition under sections 44(1), 58, and 60 of the relevant Act.

The primary legal issues before the Hearing Officer were whether the Opponent had established its grounds of opposition under sections 44(1), 58, and 60 of the Act. A significant procedural issue arose regarding the Opponent's attempt to amend its Notice of Opposition on the eve of the hearing to include section 58, which had been omitted from the initial filing due to an alleged clerical oversight. The Applicant argued that it was too late for the Opponent to introduce this ground.

The Hearing Officer determined that the Opponent had not established any of the grounds it raised. Specifically, the Opponent failed to establish its opposition under section 60. Furthermore, the Hearing Officer found that the Opponent had not established its case under sections 44(1) and 58. Consequently, the trade mark application was permitted to proceed to registration one month from the date of the decision, unless an appeal was filed. The Applicant, as the successful party, was awarded its costs against the Opponent.