Virgin Australia Airlines Pty Ltd v Regional Express Holdings Limited

This decision concerns an application by Virgin Australia Airlines Pty Ltd (the Applicant) to register a trade mark, which was opposed by Regional Express Holdings Limited (the Opponent). The matter came before Nicholas Butson, acting as a delegate of the Registrar of Trade Marks, for a decision on the opposition.

The primary legal issue before the delegate was whether to register the Applicant's trade mark, having regard to the grounds of opposition raised by the Opponent. Specifically, the delegate was required to determine whether any of the grounds on which the application was opposed had been established, pursuant to section 55(1) of the relevant legislation.

The delegate found that the Opponent had successfully established the ground of opposition under section 58. Applying section 55(1), the delegate therefore decided to refuse the registration of the trade mark. The delegate directed that the refusal be recorded one month from the date of the decision, with provisions for the refusal to be stayed pending any appeal. The delegate also awarded costs against the Applicant in favour of the Opponent, following the usual principle that costs follow the event.