Hazan Success: defends opposition to registration of Granny Flats Australia trade marks

Davley Building Pty Ltd v Granny Flats Australia Pty Ltd [2016] ATMO 92 (27 October 2016) Re: Oppositions by Davley Building Pty Ltd to registration of trade mark application nos. 1551414 (37) and 1551417 (42) - GRANNY FLATS AUSTRALIA and Device - in the name of Granny Flats Australia Pty Ltd. DECISION: In favour of the Applicant Granny Glats Australia Pty Ltd, represented by Peter Whitehead of Hazan Hollander Lawyers: Opposition to registrations under section 52 of the Trade Marks Act 1995sections 58, 60 and 42(b) considered – no grounds established – Trade Marks to proceed to registration. BACKGROUND
  1. This matter concerns oppositions under the Trade Marks Act 1995 (‘the Act’) to the registration of the following trade marks (‘the Trade Marks’) filed in the name of Granny Flats Australia Pty Ltd (‘the Applicant’):
    TM No.
    Priority Date
    Trade Mark
    Specification of Services
    Class 37: Building and construction services; Development of property (building and construction services); Housing development (building and construction services); Property development (building and construction services); Maintenance and repair of buildings; Installation of fittings for buildings; Development of land (construction)
    Class 42: Advisory services relating to building design; Building design services; Civil engineering (design); Design of building interiors; Design of buildings; Design planning; Design services; Design services for architecture; Designing and planning of real estate subdivisions and developments; Advisory services relating to architecture; Architecture;
  2. The Trade Marks were examined as required under section 31 of the Act and advertised as accepted for possible registration in the Australian Official Journal of Trade Marks on 1 August 2013. A Notice of Intention to Oppose followed by a Statement of Grounds and Particulars (‘the SGP’) was filed by Davley Building Pty Ltd trading as GrannyFlatsWA.com (‘the Opponent’).
  3. The SGP particularized the grounds of opposition under sections 60, 42(b) and 58 of the Act. A Notice of Intention to Defend was subsequently filed by the Applicant, followed by the evidence stages of the oppositions.
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