Xiaomei Wang and Aunew Management Pty Ltd v Aurinda Pty Ltd

This decision concerned an opposition to a trade mark application brought by Xiaomei Wang and Aunew Management Pty Ltd (the Opponents) against Aurinda Pty Ltd (the Applicant). The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth), with grounds pursued under sections 42(b), 58, 60, and 62A of the Act.

The primary legal issue before the Hearing Officer was whether any of the grounds of opposition relied upon by the Opponents had been established, thereby preventing the registration of the Applicant's trade mark. Specifically, the Hearing Officer was required to determine the validity of the claims made under sections 42(b), 58, 60, and 62A.

The Hearing Officer found that the Opponents had failed to establish any of the grounds of opposition nominated. 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 should proceed to registration. The Hearing Officer also ordered that the Opponents pay the Applicant's costs, following the usual principle that costs follow the event, in accordance with section 221 of the Act and Schedule 8 of the *Trade Marks Regulations 1995* (Cth). The trade mark application was permitted to proceed to registration not less than one month from the date of the decision, unless a notice of appeal was served, in which case registration would be stayed pending the outcome of the appeal.