Advanced New Technologies Co Ltd v Flying Bitmaintech Tech Pte Ltd

This matter concerned an opposition to the extension of protection of an international registration of a trade mark (IRDA) filed by Flying Bitmaintech Tech Pte Ltd (the Holder). Advanced New Technologies Co Ltd (the Opponent) opposed the extension of protection. The decision was made by Louise Tuohy, Hearing Officer and Delegate of the Registrar of Trade Marks.

The legal issues before the court were whether the grounds of opposition, specifically under sections 42(b), 44, and 60 of the *Trade Marks Act 1995* (Cth), were established. The Opponent bore the onus of proving at least one ground on the balance of probabilities, with the rights of the parties to be determined as at the priority date of the IRDA, 11 April 2018. The Opponent’s case under section 44 alleged that the Holder's mark was substantially identical or deceptively similar to the Opponent's registered ANT trade marks, and that the goods and services covered by both marks overlapped, including in the field of cryptocurrency mining.

The Hearing Officer found that the Opponent had met its onus in establishing the ground of opposition under section 44 of the Act. This conclusion was reached based on the particulars provided in the Statement of Grounds and Particulars (SGP), the evidence filed by the Opponent, and the written submissions of the Holder. The Holder did not request a hearing or file written submissions.

Consequently, the Hearing Officer refused to extend protection in respect of all the goods and services listed in the IRDA. Costs were awarded against the Holder.