Tosca TravelGoods (Aust) Pty Ltd v Samsonite IP Holdings S.a.r.l

Tosca TravelGoods (Aust) Pty Ltd (the Applicant) sought to register the trade mark "SAMSONITE" in relation to various goods and services. Samsonite IP Holdings S.a.r.l (the Opponent) opposed this application. The decision was made by Iain Campbell Thompson.

The primary legal issue before the Registrar was whether to register the trade mark as applied for, or to refuse registration, having regard to the grounds on which the application was opposed. This required the Registrar to determine the extent to which those grounds of opposition had been established.

The Registrar determined that the application should be refused. This decision was made pursuant to subsection 55(1) of the relevant Act, which mandates the Registrar to decide whether to refuse or register a trade mark after considering any established grounds of opposition. As the Opponent was successful in its opposition, the Registrar ordered that the Applicant pay the Opponent's costs on the Official Scale.