Bianco Construction Supplies Pty Limited v Bianco Hiring Service Pty Limited

This matter concerned an opposition proceeding before the Trade Marks Hearings office, brought by Bianco Hiring Service Pty Limited (the applicant) against trade mark applications made by another entity. The applicant sought to oppose the registration of two trade mark applications, relying on grounds under sections 44, 58, and 60 of the relevant Act. The hearing officer indicated that if any one ground of opposition were established in relation to all the specified goods and services, the other grounds would not need to be considered.

The legal issues before the hearing officer were whether the applicant had established grounds for opposition under sections 44, 58, and 60 of the Act. Specifically, the evidence presented by the applicant related to the historical use of the "BIANCO" name and a distinctive arch logo by a group of companies founded by Nick Bianco, which included the applicant's predecessor and other entities involved in building supplies and hiring. The applicant argued that its prior use and reputation in the "BIANCO" brand, particularly in relation to building equipment and supplies, created a likelihood of confusion or deception if the opposed trade marks were registered.

The hearing officer found that the opponent had met the onus of proof in relation to the grounds of opposition argued under section 58 of the Act. Consequently, the hearing officer refused to register the two trade mark applications in question. The applicant was ordered to pay the costs of the proceedings.