Valeant Pharmaceuticals International v Care Pharmaceuticals Pty Ltd

The applicant, Valeant Pharmaceuticals International, sought to register the trade mark "DUOVIS" in relation to pharmaceutical preparations. The opponent, Care Pharmaceuticals Pty Ltd, opposed the registration on several grounds. The decision was made by Ian Thompson, acting as the Registrar of Trade Marks.

The primary legal issue before the Registrar was whether the grounds of opposition raised by Care Pharmaceuticals Pty Ltd had been established to the extent that Valeant Pharmaceuticals International's application for registration of the trade mark "DUOVIS" should be refused. This involved assessing the evidence presented by both parties in relation to the grounds of opposition.

The Registrar determined that the grounds of opposition had been established, leading to the refusal of the trade mark application. The Registrar ordered that the costs of the proceedings be paid by the applicant to the opponent on the official scale.