The Trade Marks Office accepted and then proposed to revoke acceptance of Dingo Software’s application for DINGO Logo.
The basis of the proposed revocation of acceptance was that the details of an earlier International Registration Designating Australia were not available to the Examiner at the time the Dingo Software application was accepted. The International Registration Designating Australia was for the trade mark DINGO covering various maintenance and repair services in Class 37 that were in direct conflict with the services under the Dingo Software application.
In Dingo Software’s submissions, it drew the Hearing Officer’s attention to its own earlier registration for DINGO that covered the services of interest in Class 37. On the basis that Dingo Software held an earlier registration for a near identical mark covering the same services, the Hearing Officer determined that the acceptance of the DINGO Logo trade mark should not be revoked.
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