Bytedance Ltd v TicToc Online Pty Ltd

This decision concerns an application by Bytedance Ltd for registration of a trade mark, opposed by Tic Toc Online Pty Ltd. The matter came before the Registrar of Trade Marks, Louise Tuohy.

The Registrar was required to determine whether to register the trade mark, having regard to the grounds of opposition raised by Tic Toc Online Pty Ltd. Specifically, the Registrar had to consider the extent to which any of those grounds had been established.

The Registrar found that Tic Toc Online Pty Ltd had established a ground of opposition under section 44 of the Act in relation to some of the goods and services specified in Bytedance Ltd's application. However, none of the other grounds of opposition were established. Following this finding, the Registrar indicated an intention to refuse registration unless the specification of goods and services was amended. Bytedance Ltd subsequently amended the specification, and an endorsement was added that provisions of paragraph 44(4) applied. The Registrar then determined that the trade mark could proceed to registration one month from the date of the decision, subject to any appeal. As both parties had achieved some success, the Registrar declined to award costs.