The Pharmacy Guild of Australia and Gold Cross Products and Services Pty Ltd v Nova Pharmaceuticals Australasia Pty Ltd

The Pharmacy Guild of Australia and Gold Cross Products and Services Pty Ltd (the opponents) sought to oppose the registration of a trade mark by Nova Pharmaceuticals Australasia Pty Ltd (the applicant). The decision was made by Bianca Irgang, presumably in her capacity as Registrar of Trade Marks, under the *Trade Marks Act*. The core of the dispute concerned whether the grounds of opposition raised by the Pharmacy Guild and Gold Cross were established, thereby preventing the registration of Nova Pharmaceuticals' trade mark.

The Registrar was required to determine whether any of the grounds on which the application for trade mark registration was opposed had been established by the opponents. Section 55 of the *Trade Marks Act* mandates that the Registrar must decide to refuse or register a trade mark having regard to the extent to which any ground of opposition has been established.

The Registrar concluded that the opponents had not established any grounds of opposition. Consequently, under section 55(1)(b) of the Act, the Registrar decided that the trade mark application could proceed to registration, subject to the usual one-month period following the decision. However, the Registrar also directed that registration would be stayed if an appeal was filed within that month, with registration to be deferred until the appeal was resolved. The Registrar also awarded costs against the opponents, applying the general principle that costs follow the event.