Contract Resources Pty Ltd v CQMS Pty Ltd

Contract Resources Pty Ltd (the Applicant) sought to register three trade marks, which were opposed by CQMS Pty Ltd (the Opponent). The Opponent based its opposition on grounds under sections 44 and 60 of the *Trade Marks Act 1995* (Cth). The hearing officer was required to determine whether these grounds of opposition were established.

The court considered the Opponent's submissions that the Applicant's trade marks were substantially identical or deceptively similar to the Opponent's registered trade marks, and that the specified goods and services of the Applicant's trade marks were identical, similar, or closely related to those for which the Opponent's trade marks were registered, pursuant to section 44. The court also considered the ground under section 60, which relates to whether a trade mark is applied for in bad faith. The Opponent also sought to rely on additional evidence, but the hearing officer determined that there was no compelling reason to consider evidence filed outside the prescribed timeframes, particularly as there was no standing requirement for oppositions under section 52, including those based on sections 44 or 60.

The hearing officer found that neither the section 44 nor the section 60 grounds of opposition were established. The Applicant's trade marks were therefore permitted to proceed to registration. The hearing officer also ordered that the Opponent pay the Applicant's costs, with reduced costs awarded in respect of two of the trade mark applications.