Chiron Corporation v Cheironia Pty Ltd

Chiron Corporation opposed the registration of the trade mark CHIRON HEALING by Cheironia Pty Ltd. The opposition was heard by Claudia Murray, a Hearing Officer of the Trade Marks Hearings. The dispute concerned Cheironia Pty Ltd's application to register the trade mark, which Chiron Corporation sought to prevent.

The legal issues before the Hearing Officer included whether the applicant, Cheironia Pty Ltd, was the owner of the trade mark within the meaning of section 27(1)(a) of the relevant Act, and whether the grounds of opposition under sections 42, 43, and 60 were made out. Although not relied upon as a ground of opposition, submissions were also made regarding exceptions to section 44.

The Hearing Officer found that the ground of opposition under section 27(1)(a) was not pursued by Chiron Corporation, as it conceded that the parties operated in non-competing business spheres, and therefore did not seek to challenge ownership under section 58. The opposition under section 60 was also unsuccessful. The Hearing Officer concluded that the opponent had not succeeded on any of the grounds pursued at the hearing, and that another ground raised in the notice of opposition had not been made out. Consequently, the trade mark application was permitted to proceed to registration, with costs awarded against the unsuccessful opponent, Chiron Corporation.