This Hearing concerned the opposition by Q1 CTS to the registration of the trade marks ‘Q1’ and ‘Q1 Resort & Spa’ by Q1 Management. Much of these matters were previously considered by the Court in Mantra IP Pty Ltd v Spagnuolo, where Reeves J found that the trade mark ‘Q1’ was capable of distinguishing and that the applicant was the owner of both the ‘Q1’ and the ‘Q1 Resort & Spa’ trade marks.
Having not pressed any of the grounds of opposition through written submissions before the Hearing, and with the Hearing Officer finding that the evidence filed by the opponent was ‘largely unhelpful’, the Hearing Officer dismissed the opposition and the trade marks are to proceed to registration.
To view the Office decision, click here.
This article is an extract from Spruson & Ferguson’s monthly summary of Australian Trade Mark Office decisions.