Whirlpool Properites, Inc. v Huilong Electrical Appliances Pty Ltd

This decision concerns a trade mark opposition brought by Whirlpool Properties, Inc. against Huilong Electrical Appliances Pty Ltd's application to register the trade mark ‘KitchenMaid’ under application number 1230187. The matter was heard by Heath Wilson, a Hearing Officer in the Trade Marks Hearings.

The primary legal issue before the Hearing Officer was whether the opposition, specifically the ground raised under section 60 of the relevant Act, had been established. Section 60 of the Act pertains to grounds for opposing the registration of a trade mark.

The Hearing Officer found that the opponent had successfully established the ground of opposition under section 60 of the Act. Consequently, it was unnecessary to consider the other grounds of opposition raised by the opponent. As a result of the established opposition, the Hearing Officer refused to register the trade mark application. The Hearing Officer also awarded costs against the applicant in favour of the successful opponent, to be assessed according to the official scale within Schedule 8 of the Trade Mark Regulations 1995.