Zihan Wang v Dale Cleaves Music Pty Ltd

Zihan Wang, the opponent, sought to oppose the registration of the trade mark application number 2040386, styled "Australian Piano Warehouse" (figurative), in classes 15 and 35, by Dale Cleves Music Pty Ltd, the applicant. The decision was made by Tracey Berger, Hearing Officer and Delegate of the Registrar of Trade Marks.

The primary legal issue before the Hearing Officer was whether any of the grounds of opposition nominated by Zihan Wang had been established, thereby requiring the Registrar to refuse the registration of the trade mark application.

The Hearing Officer determined that the opponent had failed to establish any of the grounds of opposition it had nominated. Applying section 55 of the Act, which mandates the Registrar to decide whether to refuse or register a trade mark having regard to the established grounds of opposition, the Hearing Officer concluded that the application could proceed to registration. The Hearing Officer also awarded costs against the opponent in favour of the applicant, pursuant to section 221 of the Act and Schedule 8 of the Regulations.