TNSG Biotech Co Ltd v Clarke, Murray Colin

The dispute before the Registrar of Trade Marks concerned an opposition to the registration of a trade mark by TNSG Biotech Co Ltd (the Applicant) by Clarke, Murray Colin (the Opponent). The opposition was based on the ground that the application was made in bad faith, pursuant to section 62A of the *Trade Marks Act 1995* (Cth).

The primary legal issue before the Registrar was whether the Applicant had made its trade mark application in bad faith. This required an assessment of the Applicant's conduct and intentions at the time the application was filed.

The Registrar, applying section 55 of the *Trade Marks Act 1995* (Cth), determined that the Opponent had established the ground of opposition raised under section 62A. Consequently, the Registrar refused to register the trade mark. The Registrar also awarded costs in favour of the Opponent, following the general rule that costs follow the event, and ordered that the Applicant pay the Opponent's costs in accordance with Schedule 8 of the *Trade Mark Regulations 1995* (Cth).