Warrior Australia Pty Ltd v Warrior Sports Inc

Warrior Australia Pty Ltd (the applicant) sought to register two trade marks, application numbers 1439156 and 1616241. Warrior Sports Inc (the opponent) opposed these applications. The Registrar of Trade Marks was required to decide whether to register the trade marks, having regard to the grounds of opposition.

The legal issues before the Registrar were whether the grounds on which the applications were opposed had been established, and consequently, whether to refuse or register the trade marks. The Registrar also had to determine the question of costs.

The Registrar applied section 55 of the *Trade Marks Act 1995* (Cth) and regulation 17A.34N of the *Trade Marks Regulations 1995* (Cth). Having found the opposition successful, the Registrar refused to extend protection to IRDA 1083741 (associated with application 1439156) and refused to register application 1616241. The Registrar awarded costs against the applicant, to be apportioned between the two oppositions in accordance with the principles established in *Latrobe Brewing Company v Simmons* and *Hume Industries (Malaysia) Berhard v James Hardie & Coy Pty Ltd*, at the official scale.