Wealth Trading Pty Ltd v Kenner Electrics Vic Pty Ltd

This matter concerned an opposition by Wealth Trading Pty Ltd (the Opponent) against an application by Kenner Electrics Vic Pty Ltd (the Applicant) to register a trade mark. The dispute involved grounds of opposition pursued under sections 42(b), 44, 58, 58A, and 60 of the *Trade Marks Act 1995* (Cth).

The court was required to determine whether the grounds of opposition, as pleaded, were established. Specifically, the court considered whether the Opponent had demonstrated a sufficient case to prevent the registration of the Applicant's trade mark for the services as applied for.

The Hearing Officer found that the opposition was not established for the majority of the services. However, section 60 of the Act was partially established, leading to an amendment of the Applicant's services. The trade mark was permitted to proceed to registration for the remaining services, subject to a one-month period following the decision.

Given that both parties had achieved a measure of success, the Hearing Officer declined to award costs to either party, adhering to the general principle that costs follow the event.