On 8 April 2014, Globalscope Pty Ltd (‘the Applicant’) applied to register a trade mark under the provisions of the Trade Marks Act 1995 (‘the Act’), being:
Trade Mark No: 1616273
Specification of Goods: Class 25: Apparel (clothing, footwear, headgear)
2. The Trade Mark was examined as required under section 31 of the Act. No grounds for rejection were identified by the examiner and the Trade Mark was accepted for possible registration.
3. On 28 August 2014, advertisement of the acceptance was published in the Australian Official Journal of Trade Marks.
4. On 16 October 2014, a Notice of Intention to Oppose was filed by the opponent 1724982 Alberta ULC. This was followed by a Statement of Grounds and Particulars (‘SGP’) filed by the opponent nominating grounds of opposition under sections 42(b)
(contrary to law), 58 (Applicant not the owner), 59 (no intention to use the Trade Mark), 60 (deception or confusion arising from reputation in another trade mark) and 62A (application was made in bad faith).
5. The Applicant subsequently filed a Notice of Intention to Defend. Evidence in Support and Evidence in Answer was also filed.
6. On 22 September 2015, the opponent’s legal representatives (Davies Collison Cave) wrote to the office requesting revocation of acceptance of the Trade Mark under section 38. The basis of the request was a ground for rejection under section 44 of the