Weili Mu v Guotai Huang

This matter concerned an opposition to the registration of trade mark application no. 2024353, brought by Weili Mu (the Opponent) against Guotai Huang (the Applicant). The dispute centred on whether the trade mark should proceed to registration, with the Opponent raising several grounds of opposition under the *Trade Marks Act 1995* (Cth). The decision was made by Nicholas Smith, Hearing Officer and Delegate of the Registrar of Trade Marks.

The court was required to determine whether the Opponent had established any of the nominated grounds of opposition, specifically considering sections 42(b), 58, 60, and 62A of the *Trade Marks Act 1995*. The primary focus of the decision was the ground of opposition under section 62A, which relates to applications made in bad faith.

The Hearing Officer found that the Opponent had failed to establish any of the grounds of opposition. Regarding the section 62A ground, the court noted the uncertainty surrounding the ownership of the trade mark, as evidenced by various documents and WeChat conversations. However, the court concluded that this uncertainty, coupled with the Opponent bearing the onus of proof, meant it could not be satisfied that the Applicant's conduct in seeking to register the trade mark was unscrupulous, underhanded, or unconscientious. Consequently, the trade mark application was permitted to proceed to registration, subject to a one-month waiting period from the date of the decision, unless an appeal was filed. The Opponent was also ordered to pay the Applicant's costs.