Vincent Kevin Lowe v Racing Australia Ltd

This decision concerns an opposition filed by Vincent Kevin Lowe (the Opponent) against a trade mark application by Racing Australia Ltd (the Applicant). The dispute arose from the Applicant's trade mark application no. 1666433, which the Opponent sought to prevent from being registered. The matter was heard by Jock McDonagh, acting as a delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether the grounds of opposition raised by the Opponent under sections 60 and 62A of the relevant Act had been established. The onus of proof rested on the Opponent, and the standard of proof required was the ordinary civil standard based on the balance of probabilities. The relevant date for determining the rights of the parties was the filing date of the application, 24 December 2014.

The delegate found that the Opponent had failed to establish the ground of opposition under section 62A. Consequently, the Opponent had not established any of the grounds of opposition. The delegate ordered that the trade mark application could proceed to registration, subject to a one-month waiting period from the date of the decision, unless an appeal was filed. The Applicant, as the successful party, was awarded costs against the Opponent.