Creo Creatives Limited v CJ Dutton Pty Ltd

Creo Creatives Limited (the Applicant) sought to register two trade marks, a Word Mark and a Composite Mark, for various services. CJ Dutton Pty Ltd (the Opponent) opposed the registration of both marks. The decision was made by Blake Knowles, Hearing Officer and Delegate of the Registrar of Trade Marks.

The primary legal issue before the Hearing Officer was whether the Opponent had established any grounds for opposing the registration of the Word Mark for certain services and the Composite Mark for all services. The Opponent's grounds of opposition were not detailed in the provided text, but the outcome indicates they were considered in relation to the specific services for which registration was sought.

The Hearing Officer determined that the Opponent had failed to establish a ground of opposition for the Word Mark in relation to specific Class 36 and Class 38 services, and Class 41 services. Consequently, the Word Mark was permitted to proceed to registration for these "Remaining Word Mark Services". The Hearing Officer also found that the Opponent had not established any grounds of opposition in relation to the Composite Mark, allowing it to proceed to registration. The Hearing Officer noted that if a notice of appeal was served, registration would be stayed pending the outcome of the appeal.

Regarding costs, both parties had requested an award. However, as both parties had achieved a measure of success in the proceedings, the Hearing Officer declined to award costs.