The BBQ Store Pty Ltd v B B Q Factory Pty Ltd

The applicant, The BBQ Store Pty Ltd, sought to register a trade mark, while the opponent, B B Q Factory Pty Ltd, opposed this registration. The decision was made by Adrian Richards.

The primary legal issue before the court was whether to register the trade mark, having regard to the grounds on which the application was opposed. Specifically, the court had to determine the extent to which the opponent's grounds of opposition had been established.

The court found that the opponent had established the ground of opposition under section 58A of the Act. Consequently, the court decided to refuse the registration of the trade mark. The refusal was to take effect one month from the date of the decision, unless an appeal was filed, in which case the refusal would be stayed pending the outcome of the appeal. The court also awarded costs against the applicant, as costs typically follow the event and no exceptional circumstances were presented.