Tomkin Australia opposed the registration of the below trade mark, which was applied for by Jab Design Pty Ltd and covers ‘plastic tray’ in Class 21.
The applicant was the only party to provide evidence in relation to this matter (which, as noted by the Hearing Office, is ‘rather surprising’). The opponent and applicant both requested to be heard and both filed written submissions to be considered before the hearing
The applicant’s evidence (the only evidence filed) stated that a director of the applicant commenced trading under the trade mark sometime in 1993, but was then employed by the opponent in January 2010 (resigning this position in early 2014). The apparent allegation of the opponent is that the trade mark and associated rights were transferred to it at the time the applicant’s director was in its employ. However, based on the applicant’s evidence the Hearing Officer could not find any evidence that this was the case.
Given the lack of evidence filed by the opponent, the Hearing Officer found that the opponent failed to establish any of the grounds on which it opposed.
This decision appears to be under appeal, so watch this space.
To view the Office decision, click here.
This article is an extract from Spruson & Ferguson’s Asia-Pacific Regional Trade Mark Update. You can view the entire summary here.
Trade Marks Team