WAG Petfoods Pty Ltd v Watch and Grow Food Co Pty Ltd

WAG Petfoods Pty Ltd, the opponent, opposed the registration of trade mark application number 2303439 by Watch and Grow Food Co Pty Ltd. The opposition was brought under various sections of the *Trade Marks Act 1995* (Cth), including sections 52, 58, 44, and 60. The proceedings were heard by Louise Tuohy, a Hearing Officer and Delegate of the Registrar of Trade Marks.

The Hearing Officer was required to determine whether any of the grounds of opposition raised by WAG Petfoods Pty Ltd had been established, and consequently, whether the trade mark application should be refused or proceed to registration. The specific grounds of opposition, though not detailed in the provided text, were considered under the relevant provisions of the *Trade Marks Act 1995* (Cth).

The Hearing Officer found that the opponent had not established any of the grounds upon which the opposition was based. Applying section 55 of the *Trade Marks Act 1995* (Cth), which mandates the Registrar to decide to refuse or register a trade mark having regard to the extent to which any ground of opposition has been established, the Hearing Officer determined that the trade mark application could proceed to registration. The Hearing Officer also directed that if a notice of appeal were served, the disposition of the application should be in accordance with any court order or direction. Costs were awarded against the opponent, following the usual principle that costs follow the event.