The Rack'N Stack Warehouse (ADMIN) Pty Ltd v the Rack'N Stack Warehouse SEQLD Pty Ltd

The dispute before the Hearings Officer, Jock McDonagh, concerned an opposition to a trade mark application. The applicant was The Rack'N Stack Warehouse SEQLD Pty Ltd, and the opponent was The Rack'N Stack Warehouse (ADMIN) Pty Ltd. The opponent sought to prevent the registration of the applicant's trade mark, citing grounds for opposition under the relevant legislation.

The primary legal issue before the Hearings Officer was whether the opponent had established any grounds for opposing the registration of the applicant's trade mark. This involved considering the evidence presented and the relevant provisions of the *Trade Marks Act* and Regulations. A preliminary matter also arose regarding the opponent's request to file further evidence, which the Hearings Officer determined would be dealt with at the hearing.

The Hearings Officer decided not to admit the further evidence sought by the opponent, finding it irrelevant and unhelpful, and noting that Regulation 21.19 was not intended as a substitute for repealed provisions regarding further evidence. Having considered the substantive grounds of opposition, the Hearings Officer found that the opponent had established a ground of opposition under section 44 of the *Trade Marks Act*. Consequently, the applicant's trade mark application was refused. The opponent, having been successful, was awarded its costs.