Tod'S S.p.A. v Jiang & Hou Pty Ltd

In this matter before Bianca Irgang, the applicant, Tod's S.p.A., sought to register two trade marks, applications 1511698 and 1512445. The respondent, Jiang & Hou Pty Ltd, opposed these applications. The decision concerns the Registrar's determination of these oppositions.

The primary legal issue before the Registrar was whether the grounds of opposition raised by Jiang & Hou Pty Ltd had been established, thereby requiring the refusal of Tod's S.p.A.'s trade mark applications. Specifically, the Registrar was required to consider the grounds of opposition under section 60 of the relevant Act.

The Registrar found that the opponent, Jiang & Hou Pty Ltd, had successfully discharged the onus of proof in relation to the grounds of opposition argued at the hearing. Consequently, pursuant to section 55 of the Act, the Registrar decided to refuse the registration of the trade marks. The Registrar also ordered that costs follow the event, awarding costs against the unsuccessful applicant, Jiang & Hou Pty Ltd, on the official scale.